Laserfiche WebLink
8 <br /> Integrated Agreement; Modification. This Permit constitutes the entire agreement and <br /> understanding of the parties with respect to the subject matter of the Permit and supersedes all <br /> prior negotiations and representations. This Permit may not be modified except in writing signed <br /> by the parties. The parties agree to execute any additional documents reasonably necessary to <br /> effectuate the provisions and purposes of this Permit. <br /> Severability. If any provision of this Permit is held to be invalid or unenforceable,this provision <br /> shall not affect or invalidate the remainder of this Permit, and to this end the provisions of this <br /> Permit are declared to be severable. If any such invalidity becomes known or apparent to the <br /> parties, the parties agree to negotiate promptly in good faith in an attempt to amend such <br /> provision as nearly as possible to be consistent with the intent of this Permit. <br /> Waiver. Failure of either party to insist upon the strict performance of any of the terms and <br /> conditions of this Permit, or failure to exercise any rights or remedies provided in this Permit or <br /> by law, or to notify the other party in the event of breach, shall not release the other party of any <br /> of its obligations under this Permit, nor shall any purported oral modification or rescission of this <br /> Permit by either party operate as a waiver of any of the terms hereof. No waiver by either party <br /> of any breach, default,or violation of any term,warranty, representation, agreement, covenant, <br /> right, condition, or provision of this Permit shall constitute waiver of any subsequent breach, <br /> default, or violation of the same or other term,warranty,representation, agreement, covenant, <br /> right, condition, or provision. <br /> Assignment. This Permit, and any of the rights granted herein, shall not be assigned without <br /> prior written consent of Grantor, except that said rights granted herein may be used by any <br /> Permittee,while engaged in the Grantee's operations. <br /> Construction. The terms of this Permit shall be given their ordinary meaning unless defined <br /> herein and shall not be presumptively construed against either party. <br /> Exhibits. All exhibits referred to in this Permit are deemed to be incorporated in this Permit in <br /> their entirety. <br /> Headings. The headings in this Permit are for convenience only and are not intended to, and <br /> shall not be construed to, limit, enlarge, or affect the scope or intent of this Permit nor the <br /> meaning of any of its provisions. <br /> Counterparts. This Permit may be executed in one or more counterparts, each of which shall be <br /> deemed an original, and all of which counterparts together shall constitute the same instrument <br /> which may be sufficiently evidenced by one counterpart. Execution of this Permit at different <br /> times and places by the parties shall not affect its validity so long as all the parties execute a <br /> counterpart of this Permit. <br /> Private to State RUP Page 5 of 7 Road Use Permit No.55-089545 <br /> 48 <br />