Laserfiche WebLink
3 <br /> <br />between the Grantor and City and subject to this Section 5.2, each Party shall each notify the other of <br />the dispute, with the notice specifying the disputed issues and the position of the Party submitting the <br />notice. If the Parties are unable to resolve a dispute within ten (10) business days, pursuant to this <br />Section 5.2, a Party may proceed with any remedy available to it at law or in equity. <br />5.3 Remedies. <br /> 5.3.1 Except as otherwise provided for herein, no remedy conferred by any of the specific <br />provisions of the Agreement or available to remedy shall be cumulative and shall be in addition to <br />every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or <br />otherwise. The election of any one or more remedies shall not constitute a waiver of the right to <br />pursue other available remedies. <br /> 5.3.2 Except as otherwise provided for herein, upon Grantor’s satisfaction of its property <br />transfer obligations under the Agreement, the City’s sole and exclusive remedy from the Grantors <br />shall relate to the form of the property transfer. <br />5.4 Amendments. This Agreement may be amended, supplemented or modified only by a writing <br />dated and signed by all Parties. <br />5.5 Assignment; Successors. This Agreement shall inure to the benefit of and be binding on the <br />Parties hereto and their permitted successors and assigns. <br />5.6 Severability. If any provision of this Agreement is invalid or unenforceable, the other <br />provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally <br />construed to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability <br />of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of <br />any such provision in any other jurisdiction. <br />5.7 Waiver. Any failure or delay by a Party to exercise or partially exercise any right, power or <br />privilege hereunder shall not be deemed a waiver of any of the rights, powers or privileges under the <br />Agreement. No term or condition of this Agreement shall be held to be waived, modified or deleted <br />except by a written instrument signed by the Parties hereto. No such waiver, modification or deletion <br />in any one instance shall be deemed to be a waiver, modification or deletion of a term or condition in <br />any other instance, whether like or unalike. Waiver of any breach of any term or condition of this <br />Agreement shall not be deemed a waiver of any prior or subsequent breach. <br />5.8 Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect <br />to the subject matter hereof and is not subject to amendment or modification except as provided <br />herein. <br />5.9 Force Majeure. No Party shall be deemed to be in violation of this Agreement if such Party <br />is prevented from performing any of its obligations hereunder for any reason beyond its control, <br />including without limitation, acts of God or of any public enemy; pandemic; elements, flood or other <br />natural disaster not caused by a Party. <br />5.10 Section Headings. The headings of sections in this Agreement are for reference only and shall <br />not affect the meaning of this Agreement.