DCPREZ-2016-11025 - Laserfiche WebLink

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t'' 0 :1551 Notices shall be deemed given on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. The names and addresses provided in this paragraph may be changed from time to time by notice duly given in compliance with the provisions of this paragraph. 6. Amendment. This Agreement and any exhibits or attachments hereto, may be amended from time to time in writing with the written consent of the parties hereto. 7. Conveyances. Subject to the rights granted Grantees, nothing in this Agreement shall be construed in any way to limit the Grantor's ability to convey any portion of its property, or lease any portion thereof, or grant any additional rights or easements with respect to the Easement Premises. 8. Preambles and Exhibits. The Preambles set forth at the beginning of this Agreement and the attached Exhibit "A" are attached hereto, and incorporated herein by reference and shall constitute substantive provisions of this Agreement. 9. Governing Law. This Agreement and the terms and provisions contained herein, shall be construed and governed under the laws of the State of Wisconsin. 10. Breach of Agreement, Remedy. In the event of a material breach of this Agreement, the parties agree that the party in breach shall have five (5) days after written notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein or by law. In the event either party prevails in any litigation brought to enforce its rights under this Agreement, it shall be entitled to recover from the other party its reasonable costs and expenses(including attorney's fees and litigation expenses)incurred by it in connection with such litigation. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained or any of them upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. If the performance of any covenant to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include acts of God,war, acts of civil disobedience,strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay. 11. Binding Effect. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the heirs, assigns, successors and tenants of the parties hereto. 12. Warranty of Title. Grantors warrant that it has good and indefeasible fee simple title to the Easement Premises, and has full authority to enter into this Easement Agreement, and to grant the easement provided for herein.