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2001-108-RES APPROVING GROUNDS SUBLEASE BETWEEN RED RIVER VALLEY FAIR ASSN AND PARIS RODEO AND HORSE CLUB
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2001-108-RES APPROVING GROUNDS SUBLEASE BETWEEN RED RIVER VALLEY FAIR ASSN AND PARIS RODEO AND HORSE CLUB
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Last modified
8/18/2006 4:29:12 PM
Creation date
8/8/2001 1:58:32 PM
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CITY CLERK
Doc Name
2001
Doc Type
Resolution
CITY CLERK - Date
7/9/2001
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<br />Legal Construction <br /> <br /># 13.04. In case anyone or more of the provisions contained <br />in this agreement shall for any reason be held by a court of <br />competent jurisdiction to be invalid, illegal, or unenforceable in <br />any respect, such invalidity, illegality, or unenforceability shall <br />not affect any other provision of the agreement, and this agreement <br />shall be construed as if the invalid, illegal, or enforceable <br />provision had never been included in the agreement. <br /> <br />Prior Agreements Superseded <br /> <br /># 13.05. This agreement constitutes the sole and only <br />agreement of the parties to the agreement and supersedes any prior <br />understandings or written or oral agreements between the parties <br />respecting the subject matter of this agreement. <br /> <br />Amendment <br /> <br /># 13.06. No amendment, modification, or alteration of the <br />terms of this agreement shall be binding unless it is in writing, <br />dated subsequent to the date of this agreement, and duly executed <br />by the parties of this agreement. <br /> <br />Rights and Remedies Cumulative <br /> <br /># 13.07. The right and remedies provided by this sublease <br />agreement are cumulative, and the use of anyone right or remedy by <br />either party shall not preclude or waive its rights to use any or <br />all other remedies. These rights and remedies are given in <br />addition to any other rights the parties may have by law, statute, <br />ordinance, or otherwise. <br /> <br />Attorney's Fees and Costs <br /> <br /># 13.08. If, as a result of a breach of this agreement by <br />either party, the other party employs an attorney or attorney's to <br />enforce its rights under this sublease, then the breaching party <br />agrees to pay the other party the reasonable attorney's fees and <br />costs incurred to enforce the sublease. <br /> <br />Force Majeure <br /> <br /># 13.09. Neither Sublessor nor Sublessee shall be required to <br />perform any term, condition, or covenant in this sublease so long <br />as performance is delayed or prevented by force majeure, which <br />shall mean acts of God, strikes, lockouts, material or labor <br />restrictions by any governmental authority, civil riots, floods, <br />and any other cause not reasonable within the control of Sublessor <br />or Sublease and which by the exercise of due diligence Sublessor or <br />Sublessee is unable, wholly or in part, to prevent or overcome. <br /> <br />13 <br />
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