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20210500 <br />all claims, liability, costs and expenses (including reasonable attorneys' fees) actually or allegedly <br />arising out of or occurring in connection with or as a result of the exercise by each Party of any of their <br />rights or performance of any obligations permitted or required hereunder or as a result of any activity <br />of the owners of such property or their respective employees, agents, contractors or invitees. <br />7. Estoppel Certificates. Each Party hereto shall, from time to time on not less than <br />fifteen (15) days' notice from any other Party hereto, execute and deliver to such other Party a <br />certificate stating that this Agreement is unmodified and in full force and effect, or, if modified, that <br />this Agreement is in full force and effect, as modified, and stating whether, to the best of its knowledge, <br />any other Party is in default in any respect under this Agreement, and if in default, specifying such <br />default. <br />9. Easements Run with the Land. The easements. covenants, restrictions and other <br />obligations contained herein shall run with the Grand Island Property and Jammain Property, and shall <br />inure to the benefit of and he binding upon the successors and assigns of the Parties and all subsequent <br />owners of said Properties. <br />10. Remedies. In the event of a breach of any of the terms or provisions hereof, the non - <br />defaulting Party is entitled to exercise any and all available remedies at law or in equity for full and <br />adequate relief from the consequences of such breach, which remedies are cumulative, including, <br />without limitation, the right to enjoin such breach and/or to an action for specific performance, or to <br />termination of this Agreement. <br />11. Prevailing Party Entitled to Reasonable Attorneys' Fees. If any litigation is brought <br />to enforce or interpret this Agreement, the losing Party shall pay to the prevailing Party all reasonable <br />expenses and court costs including reasonable attorneys' fees incurred by the prevailing Party. In the <br />event of any threatened violation of any covenant or restriction contained herein, the Party objecting <br />to such threatened breach may seek injunctive relief to prevent such breach. <br />12. Notices. Any notice, request, demand, approval, or consent given or required to be <br />given under this Agreement shall, except as otherwise expressly provided herein, he in writing and <br />shall be deemed to have been given when hand delivered, on the next business day if sent by overnight <br />courier service. or on the second (2"d) business day following the day when mailed by United States <br />certified mail, postage prepaid, return receipt requested to the other Party at the address stated below <br />or at the last changed address given by the Party to he notified as hereinafter specified. Any Party may, <br />at any time, change its address for the above purposes by mailing as aforesaid a notice stating the <br />change and setting forth the new address. <br />Grand Island JV: <br />with a copy to: <br />Grand Island Joint Venture, LLC <br />2127 Innerbelt Business Center Drive, Suite 200 <br />St. Louis, Missouri 63114 <br />Attention: Michael H. Staenberg <br />Staenberg Group, Inc. <br />2127 Innerbelt Business Center Drive, Suite 200 <br />St. Louis, Missouri 631 14 <br />Attention: General Counsel <br />4 <br />