Laserfiche WebLink
days of the conclusion of the force majeure event or the cancellation of the Agreement pursuant <br />to the remaining provisions of this Paragraph. In no event will any delay or failure of <br />performance caused by any conditions or events of force majeure extend this Agreement beyond <br />its stated term. In the event any delay or failure of performance on the part of the party claiming <br />force majeure continues for an uninterrupted period of more than one hundred twenty (120) days <br />from its occurrence or inception as noticed pursuant to this Paragraph, the party not claiming <br />force majeure may, at any time following the end of such one hundred twenty (120) day period, <br />terminate this Agreement upon written notice to the party claming force majeure, without further <br />obligation except as to costs and balances incurred prior to the effective date of such termination. <br />16. Intent of Agreement. This Agreement is intended to describe the rights and <br />• responsibilities of and between the named parties and is not intended to, and shall not be deemed <br />to confer rights upon any persons or entities not named as parties, nor to limit in any way the <br />powers and responsibilities of Aurora, Lessee, or any other entity not a party hereto. <br />17. Effect of Invalidity. If any portion of this Agreement is held invalid or <br />unenforceable for any reason by a court of competent jurisdiction as to either party or as to both <br />parties, the entire Agreement will terminate. <br />18. Non - Assignability and No Subleases. The Fully Reusable Water that is the <br />subject of this lease will be used by Bestway Concrete Company, Hall -Irwin Corporation or its <br />affiliates. Regardless of which entity uses the water, Bestway Concrete will remain liable for <br />lease payments. Neither Aurora nor Lessee may otherwise assign its rights or delegate its duties <br />hereunder without the prior written consent of the other party. Lessee may not sublease the Fully <br />Reusable Water to which it is entitled pursuant to this Agreement without the permission of <br />Aurora, which permission Aurora may grant or withhold at its discretion. <br />19. Successors and Assigns. This Agreement and the rights and obligations created <br />hereby shall be binding upon and inure to the benefit of the parties hereto and their respective <br />successors and assigns if any are allowed. The parties intend that Aurora shall not incur any <br />liability other than those liabilities directly running to Aurora or assigns permitted under this <br />Agreement if any. Lessee therefore covenants and agrees to indemnify, save and hold harmless <br />the City from all liability, cost or expense of any kind, including Aurora's costs of defense, to <br />any other party, arising in connection with or relating in any way to the execution, delivery or <br />performance of any allowed assignment or any related document by the parties thereto or to the <br />consummation of any transaction in connection with such documents. <br />20. Waiver of Breach. Waiver of breach of any of the provisions of this Agreement <br />by either party shall not constitute a continuing waiver of any subsequent breach by said party of <br />either the same or any other provision of this Agreement. <br />21. Multiple Originals. This Agreement may be simultaneously executed in any <br />number of counterparts, each one of which shall be deemed an original, but all of which <br />constitute one and the same Agreement. <br />5 BestWayLease <br />