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MATERIAL BORROW AGREEMENT <br /> 15. Default. <br /> 15.1 The failure of Ames to make any payment due at the time and in the manner provided <br /> or a failure to perform the covenants and conditions on the part of Ames to be kept and performed, in <br /> the manner and at the times specified, shall constitute a default by Ames and shall, at the option of <br /> Seller, be cause for termination. <br /> 15.2 If Seller fails to perform each and all of the covenants and conditions, on the part of <br /> the Seller to be kept and performed, in the manner and at the times specified, such shall constitute a <br /> default by Seller and shall,at the option of Ames,be cause for termination. <br /> 15.3 In the event of such exercise of the option to terminate this Agreement by either party, <br /> the non-defaulting party shall mail a notice to the defaulting party stating that this Agreement shall be <br /> terminated within sixty(60)days from the date of mailing of said notice. If,within said sixty(60)day <br /> period,the default is not corrected,this Agreement shall terminate. In such event,the aggrieved party <br /> may pursue specific performance or money damages at their option in the District Court for the County <br /> where the Property is located. <br /> 16. Parties Bound. The provisions of this Agreement shall bind and inure to the benefit <br /> of parties hereto,their legal representatives,and their heirs,successors and assigns. <br /> 17. Restoration. Ames shall ob Aga ions <br /> restore the mind arrea of the Property tq a condition nece ary to comply with any required permits. <br /> "° <br /> 18. Condition Precedent. The commencement of Ames' obligations under this <br /> Agreement shall not begin until all necessary permits or approvals are obtained. <br /> 19. Law and Venue. This Agreement shall be governed by,and construed in accordance <br /> with the laws of the State where the Property is located. <br /> 20. Entire Agreement. The parties acknowledge and agree that the provisions contained <br /> herein, including all exhibits attached hereto, constitute the entire agreement. No alterations, <br /> amendments, changes or modifications, shall be valid unless by an instrument in writing by all the <br /> parties with the same formality as this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day <br /> and Tyeaifiabove written. <br /> SE j ON TRUCTION,INC. <br /> i <br /> By: <br /> Si �atute <br /> Its: Senior Vice lore S 144 <br /> Sellers SSN: or TIN <br /> Witness: <br /> Printed Name +"k--} <br /> 11/16/2017 3 <br />