Independent of Other Agreements. The covenants and agreements of the Director hereunder are independent of the covenants, representations, warranties and agreements of the parties to the Reorganization Agreement, and no default, breach or failure to perform by any party to the Reorganization Agreement will constitute an excuse or other justification for the Director to fail to observe fully his covenants and agreements hereunder. No course of dealing among the Company and the Director and no delay by the Company in exercising any right, power or remedy hereunder, in equity or at law, will constitute a waiver of, or otherwise prejudice, any such right, power or remedy.
Independent of Other Agreements. The covenants and agreements of ------------------------------- Shareholder hereunder are independent of the covenants, representations, warranties and agreements of the parties to the Purchase Agreement, and no default, breach or failure to perform by any party to the Purchase Agreement shall constitute an excuse or other justification for Shareholder to fail to observe fully his covenants and agreements hereunder. No course of dealing among Purchaser, the Company and Shareholder and no delay by Purchaser or the Company in exercising any right, power or remedy hereunder, in equity or at law, shall constitute a waiver of, or otherwise prejudice, any such right, power or remedy.
Independent of Other Agreements. The covenants and agreements of Acquiror hereunder are independent of the covenants, representations, warranties and agreements of the parties to the Merger Agreement, and no default, breach or failure to perform by any party to the Merger Agreement will constitute an excuse or other justification for Acquiror to fail to observe fully its covenants and agreements hereunder.
Independent of Other Agreements. No course of dealing among Buyer and any BTR Party, and no delay by Buyer in exercising any right, power or remedy hereunder, in equity or at law, shall constitute a waiver of, or otherwise prejudice, any such right, power or remedy of Buyer.
Independent of Other Agreements. For the avoidance of doubt, the terms of this Agreement are not intended to govern the transfer of Property Rights which are the subject of project-specific arrangements addressed in other agreements between the parties; by way of example only, the Collaborative Action Plan and Agreement governing the development and operation of joint trail projects. (Remainder of page intentionally blank) SCVWD/CSJ – MOU 10/19/11 SECTION 16, Notices Any notice or delivery of other communication pursuant to this Agreement must be in writing and must be personally delivered or mailed via U.S. mail, return receipt requested, addressed as follows: To CITY: City of San Xxxx Real Estate Services and Asset Management 000 Xxxx Xxxxx Xxxxx Xxxxxx, T-4 San Jose, CA 95113 Attn: Senior Executive Analyst To DISTRICT: Santa Xxxxx Valley Water District 0000 Xxxxxxx Xxxxxxxxxx Xxx Xxxx, Xx 00000 Attn: Real Estate Services Unit Manager CITY OF SAN XXXX SANTA XXXXX VALLEY WATER DISTRICT XXXXXX X. XXXXXXX, CMC XXXXXX X. XXXX City Clerk Chair/Board of Directors ATTEST: XXXXXXXX X. XXXX Clerk/Board of Directors Date: Approved as to form: Approved as to form: Xxxxxxx Xxxxxxx Xxxxx X. Xxxxxx Senior Deputy City Attorney Assistant District Counsel SCVWD/CSJ – MOU 10/19/11 EXHIBITS A-1 and A-2 EXHIBIT A-1 CITY's - PROPOSED APPRAISER LISTS MAI Appraisers The Xxxxxxx Group Carneghi – Xxxx & Associates, Inc. Xxxxxxxx & Xxxxxxxx Xxxxx & Associates Inc. X. Xxxxxxx & Company Xxxxxxx Xxxxxx & Associates EXHIBIT A-2 DISTRICT's - PROPOSED APPRAISER LISTS MAI Appraisers Associated Right of Way Services, Inc. Xxxxxx Xxxxxxxxx, Inc. Xxxxxxx-Xxxxxxxx Group Xxxxx & Associates Inc. Xxxxxx & Co., Inc. XXXX XXXX & XXXX Non-MAI Appraisers Xxxxxxx, Xxxxxxxx & Xxxxxx Xxxxxxx-Xxxxxxxx Group Xxxxxx & Co., Inc. Xxxxx & Associates Inc. Associated Right of Way Services, Inc. SCVWD/CSJ – MOU 10/19/11 EXHIBIT B-1
