200412247 - Laserfiche WebLink

Browse

20041224'7 ! . - OvIEND:NIENTS. Any amendment to this A�zreemenr or anv related document shall be made in writing, duly approved and executed by the City and Heartland, notwithstanding any verbal or informal understanding or commitment to the contrary, provided that upon the issuance of the Building Bonds and the assignment of the right to receive basic rent under this Agreement pursuant to the Building Bond Indenture, no amendment to this Agreement shall be made which reduces the amount of basic rent due hereunder unless such amendment has been consented to by the Trustee and by the registered owners of the Building Bonds then outstanding as and to the extent required under the terms of the Building Bonds Indenture. 2 2. SEVERABILITY. If any provision of this Agreement shall be held or deemed to be, or shall in fact be, inoperative or unenforceable as applied in any particular case, for any rea- son, such circumstance shall not have the effect of rendering the provision in question inopera- tive and unenforceable in any other case or circumstances, or rendering any other provision or provisions herein, invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Agreement shall not affect the remaining portions of this Agreement or any part hereof. The headings of paragraphs are to be deemed informational only and shall not be construed as terms, or conditions of this Agreement. 23. SPECIFIC PERFORMANCE REQUIRED. The City and Heartland shall each be entitled to specific performance and injunctive and other equitable relief for any breach or threatened breach of any of the provisions of this Agreement, notwithstanding the availability of an adequate remedy at law, and each party hereby waives the right to raise such defense in any proceeding in equity. The specific remedies provided in this Agreement are cumulative and not exclusive of any other remedy. The failure of either party to insist in one or more cases upon strict performance shall not be construed as a waiver or relinquishment of performance for the future. No acceptance of payments from the City by Heartland or the Trustee with knowledge of any default by either party, shall be deemed a waiver of such default. 24. LEGAL NOTICE AND CORRECTION OF DEFAULT. Either party to this Agreement shall notify the other in writing if it deems there is a default in any of the provisions of this Agreement or any related documents. Such notice may be delivered in hand, by first -class U.S. mail or using electronic media, without limitation. The party to whom notice is sent shall have thirty (30) days from the receipt of the notice to respond in writing establishing that there is no default or to correct the condition creating the default, provided that any default in payment of basic rent shall be cured immediately upon receipt of notice. If either party has created a default which is not removed in accordance with this paragraph and such other provisions of this Agreement as applied, the non - defaulting party may exercise its rights in the manner provided in this Agreement or as provided at law or in equity to enforce its rights under this Agreement. The addresses to which notices are to be sent as of the date of approval and execution of this Agee- ment are: 15