202105790 - Laserfiche WebLink

Browse

Purchaser: 202105790 Jammain, LLC c/o Ayesh Law Offices 8100 East 22nd Street North, Building 2300, Suite 2 Wichita, Kansas 67226 Attention: Mark G. Ayesh 13. Miscellaneous. (a) Term. The terms and provisions of this Agreement shall be perpetual in nature absent termination upon the unanimous consent of the Parties. (b) Mutuality; Runs with Land. Each and all of the covenants, restrictions, conditions, and provisions contained in this Agreement are made for the direct, mutual benefit of each Property; will create mutual equitable servitudes upon each Property in favor of every other Party; will constitute covenants running with the land and equitable servitudes; will bind every person having any fee, leasehold, or other interest in any portion of such Property at any time or from time to time to the extent that such portion is affected or hound by the covenant, restriction, condition, or provision in question, or that the covenant, restriction, condition, or provision is to be performed on such portion; will inure to the benefit of the Parties, and their respective heirs, personal representatives, successors and assigns as to their respective Property; and may not be transferred, assigned or encumbered except as an appurtenance to a Property. (c) Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party shall he considered a separate owner, and no Party shall have the right to act as an agent for another Party. (d) Entire Agreement; Enforceability. This Agreement, including any recitals and any attached Exhibits, all of which are made a part of this Agreement contains the entire agreement of the Parties concerning the subject matter contained herein. (e) Amendments. This Agreement may only be amended upon unanimous consent of the Parties evidenced by a written agreement signed by such Parties. Any such amendment shall be effective only when recorded in the Hill County, Nebraska real estate records. No consent to the amendment of this Agreement shall ever be required of any Permittee or other person other than the Parties, nor shall any Permittee or other Person (other than the Parties) have any right to enforce any of the provisions of this Agreement. (1) Binding Effect: No Third Owner Beneficiaries. This Agreement shall both bind and benefit the Parties and their respective heirs, personal representatives. successors and assigns. The Parties do not intend that there be any third party or other beneficiaries of this Agreement. The easements, covenants, agreements, conditions, terms, obligations, limitations and undertakings in this Agreement shall be construed as covenants running with the land. (g) Waivers; Consents. A Party shall not be deemed to have made a waiver, consent or approval under this Agreement unless it does so in writing, and the mere failure of a Party to act to enforce any provision of this Agreement shall not be considered a waiver, consent or approval and shall not prevent that Party from enforcing any provisions of this Agreement in the fixture. Any waiver, consent or approval under this Agreement shall apply only to the matter expressly waived, consented to or approved, and shall not be deemed to be 5