Laserfiche WebLink
8 or to other such address as either party may designate by notice complying with <br /> the terms of this subparagraph. <br /> J. Headings. The headings contained in this Agreement are for convenience of <br /> reference only, and shall not limit or otherwise affect in any way the meaning or <br /> interpretation of this Agreement. <br /> K. Invalidity. If any provision of this Agreement or any other agreement entered into <br /> pursuant hereto is contrary to, prohibited by or deemed invalid or unenforceable <br /> under applicable law or regulation, such provision shall be inapplicable and <br /> deemed omitted to the extent so contrary, prohibited, invalid or unenforceable, but <br /> the remainder of such provision, and this Agreement shall not be invalidated or <br /> rendered unenforceable thereby, and shall be given full force and effect so far as <br /> possible. <br /> L. No Waiver. The failure or delay of either party at any time to require <br /> performance by the other party of any provision of this Agreement shall not affect <br /> the right of such party to subsequently require performance of that provision or to <br /> exercise any right, power or remedy hereunder. Waiver by either party of a <br /> breach of any provision of this Agreement shall not be construed as a waiver of <br /> any continuing or succeeding breach of such provision, a waiver of the provision <br /> itself, or a waiver of any right, power or remedy under this Agreement. No notice <br /> to or demand on either party in any event shall, of itself, entitle such party to any <br /> other or further notice or demand in similar or other circumstances, except as <br /> otherwise herein provided. <br /> M. Waiver of Subrogation. The City and Premier Golf Centers, LLC hereby release <br /> and relieve the other and their agents and waive their entire claim of recovery <br /> against each other from any loss, damage or injury arising out of or incident to <br /> any of the perils included in or covered by contracts or policies of fire, extended <br /> coverage and vandalism insurance in current practice owned by the parties to the <br /> extent said loss is covered by such policies, whether due to the negligence of <br /> either of the parties, their agents or employees or otherwise. <br /> N. No Partnership. Nothing in this Agreement shall be construed to create a <br /> partnership,joint venture or employer-employee relationship between the parties. <br /> The parties acknowledge that the relationship of Premier Golf Centers, LLC to <br /> City is that of an independent contractor. Except as expressly provided herein, <br /> nothing in this Agreement shall be construed to permit anyone other than the <br /> parties hereto and their successors and assigns to rely upon the covenants and <br /> agreements herein contained nor to give any such third party a cause of action (as <br /> a third party beneficiary or otherwise) on account of any nonperformance <br /> hereunder. <br /> 0. No Exclusive Remedy. No remedy herein conferred upon either party is intended <br /> to be exclusive of any other remedy, and each and every remedy shall be <br /> 8 cumulative and shall be in addition to every other remedy given hereunder or now <br /> or hereafter existing at law or in equity. <br /> 13 <br />