Common use of IT IS MUTUALLY AGREED Clause in Contracts

IT IS MUTUALLY AGREED. 1. The ENGINEER is an independent contractor in the performance of this AGREEMENT, and it is understood that the parties have not entered into any joint venture or partnership with the other. The ENGINEER shall not be considered to be the agent of the VILLAGE. Nothing contained in this AGREEMENT shall create a contractual relationship with a cause of action in favor of a third party against either the VILLAGE or ENGINEER. 2. Each party to this AGREEMENT shall designate one or more persons to act with authority on its behalf with respect to appropriate aspects of the PROJECT. The persons designated shall review and respond promptly to all communications received from the other party. 3. Written notices between the VILLAGE and the ENGINEER shall be deemed sufficiently given after being placed in the United States mail, registered or certified, postage pre-paid, addressed to the appropriate party as follows: a. If to the VILLAGE: b. If to the ENGINEER: c. Either party may change its mailing address by giving written notice to the other party as provided above. Whenever this AGREEMENT requires one party to give the other notice, such notice shall be given only in the form and to the addresses described in this paragraph. 4. This AGREEMENT represents the entire and integrated contract between the parties and supersedes all prior negotiations, representations or understandings, whether written or oral. This AGREEMENT may only be amended by written instrument executed by authorized signatories of the VILLAGE and the ENGINEER. 5. The terms of this AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective successors. 6. The waiver of one party of any breach of this AGREEMENT or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this AGREEMENT and shall not be construed to be a waiver of any provision, except for the particular instance. 7. If any term, covenant, or condition of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract shall not be affected thereby; and each term, covenant or condition of this AGREEMENT shall be valid and shall be enforced to the fullest extent permitted by law. 8. This AGREEMENT shall be construed under and governed by the laws of the State of Illinois, and all actions brought to enforce the dispute resolution provisions of this AGREEMENT shall be so brought in the Circuit Court of DuPage County, State of Illinois. 9. This AGREEMENT may be signed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same instrument. 10. This AGREEMENT shall become effective only after an appropriation therefor has been made. The term of this AGREEMENT shall be for one year following the effective date of the appropriation.

IT IS MUTUALLY AGREED. 1. The ENGINEER is an independent contractor in This Agreement shall be terminated when the performance of this AGREEMENT“TRANSER”, has been completed. Ownership, improvements and it is understood that maintenance responsibilities will transfer from the parties have not entered into any joint venture or partnership with DEPARTMENT to the other. The ENGINEER shall not be considered to be CITY upon the agent recordation of the VILLAGE. Nothing contained in this AGREEMENT shall create a contractual relationship with a cause “Resolution of action in favor of a third party against either the VILLAGE or ENGINEERRelinquishment” for such “TRANSFER”. 2. Each party to this AGREEMENT shall designate one or more persons to act with authority on its behalf with respect to appropriate aspects The DEPARTMENT and the CITY, upon approval of the PROJECTDEPARTMENT’s Board, and upon approval by the City Council, shall complete the “TRANSFER” within eighteen (18) months after the date of execution of this Agreement. The persons designated shall review parties acknowledge that the DEPARTMENT’s Board must approve the “Resolution of Relinquishment” addressed within Article I, Paragraph 6, of this Agreement, and respond promptly to all communications received from the other partyCity Council of the CITY must approve the “Consent” addressed within Article II, Paragraph 2, of this Agreement. The parties understand and agree that the eighteen (18) month timeframe for the transfer of the rights-of-ways identified within the “TRANSFER” is contingent upon the schedule of the DEPARTMENT’s Board and the City Council. 3. Written This Agreement may be terminated by mutual consent of both parties without cause. The parties expressly agree that this Agreement shall be terminated upon written notification if for any reason State funding ability to satisfy this Agreement is withdrawn, limited, or impaired. 4. All notices between the VILLAGE or other communications required or permitted to be given under this Agreement shall be in writing and the ENGINEER shall be deemed sufficiently to have been duly given after being placed if delivered personally in the United States hand, by telephonic facsimile or electronic mail with simultaneous regular mail, registered or certifiedmailed certified mail, return receipt requested, postage pre-paidprepaid on the date posted, and addressed to the appropriate party as follows: a. If to the VILLAGE: b. If to the ENGINEER: c. Either party may change its mailing address by giving written notice to the other party as provided above. Whenever this AGREEMENT requires one party to give at the other noticeaddress set forth below: FOR DEPARTMENT: Xxxx Xxxxxxxx, such notice shall be given only in the form and to the addresses described in this paragraph. 4. This AGREEMENT represents the entire and integrated contract between the parties and supersedes all prior negotiationsP.E., representations or understandingsDirector Nevada Department of Transportation Attn: Xxxxx Xxxxxx-Xxxxxxxx 000 Xxxxx Xxxxxxx Xxxxxxx Xxx Xxxxx, whether written or oral. This AGREEMENT may only be amended by written instrument executed by authorized signatories XX 00000 Phone: (000) 000-0000 Fax: (000) 000-0000 E-mail: xxxxxxx@xxx.xxxxx.xx.xx FOR CITY: Xxxxx X. Xxxxxx, Mayor City of the VILLAGE and the ENGINEER. 5. The terms of this AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective successors. 6. The waiver of one party of any breach of this AGREEMENT or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this AGREEMENT and shall not be construed to be a waiver of any provision, except for the particular instance. 7. If any term, covenant, or condition of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract shall not be affected thereby; and each term, covenant or condition of this AGREEMENT shall be valid and shall be enforced to the fullest extent permitted by law. 8. This AGREEMENT shall be construed under and governed by the laws of the State of Illinois, and all actions brought to enforce the dispute resolution provisions of this AGREEMENT shall be so brought in the Circuit Court of DuPage County, State of Illinois. 9. This AGREEMENT may be signed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same instrument. 10. This AGREEMENT shall become effective only after an appropriation therefor has been made. The term of this AGREEMENT shall be for one year following the effective date of the appropriation.Mesquite

IT IS MUTUALLY AGREED. 1. The ENGINEER is an independent contractor in the performance of this AGREEMENT, and it is understood that the parties have not entered into any joint venture or partnership with the other. The ENGINEER shall not be considered to be the agent of the VILLAGE. Nothing contained in this AGREEMENT shall create a contractual relationship with a cause of action in favor of a third party against either the VILLAGE or ENGINEER. 2. Each party to this AGREEMENT shall designate one or more persons to act with authority on its behalf with respect to appropriate aspects of the PROJECT. The persons designated shall review and respond promptly to all communications received from the other party. 3. Written notices between the VILLAGE and the ENGINEER shall be deemed sufficiently given after being placed in the United States mail, registered or certified, postage pre-paid, addressed to the appropriate party as follows: a. If to the VILLAGE: b. If to the ENGINEER: c. Either party may change its mailing address by giving written notice to the other party as provided above. Whenever this AGREEMENT requires one party to give the other notice, such notice shall be given only in the form and to the addresses described in this paragraph. 4. This AGREEMENT represents the entire and integrated contract between the parties and supersedes all prior negotiations, representations or understandings, whether written or oral. This AGREEMENT may only be amended by written instrument executed by authorized signatories of the VILLAGE and the ENGINEER. 5. The terms of this AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective successors. 6. The waiver of one party of any breach of this AGREEMENT or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this AGREEMENT and shall not be construed to be a waiver of any provision, except for the particular instance. 7. If any term, covenant, or condition of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract shall not be affected thereby; and each term, covenant or condition of this AGREEMENT shall be valid and shall be enforced to the fullest extent permitted by law.or 8. This AGREEMENT shall be construed under and governed by the laws of the State of Illinois, and all actions brought to enforce the dispute resolution provisions of this AGREEMENT shall be so brought in the Circuit Court of DuPage County, State of Illinois. 9. This AGREEMENT may be signed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same instrument. 10. This AGREEMENT shall become effective only after an appropriation therefor has been made. The term of this AGREEMENT shall be for one year following the effective date of the appropriation.

IT IS MUTUALLY AGREED. 1. The ENGINEER Consultant is an independent contractor in the performance of this AGREEMENTAgreement, and it is understood that the parties have not entered into any joint venture or partnership with the other. The ENGINEER Consultant shall not be considered to be the agent of the VILLAGECity. Nothing contained in this AGREEMENT Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the VILLAGE City or ENGINEERConsultant. 2. The parties agree that the Work for the Project shall be completed within a sixteen (16) to eighteen (18) month time frame. 3. Each party to this AGREEMENT Agreement shall designate one or more persons to act with authority on in its behalf with in respect to appropriate aspects of the PROJECTProject. The persons designated shall review and respond promptly to all communications received from the other party. 34. Written notices between the VILLAGE City and the ENGINEER Consultant shall be deemed sufficiently given after being placed in the United States mail, registered or certified, postage pre-paidpre‐paid, addressed to the appropriate party as follows: a. If to the VILLAGE:City: City of Elmhurst 000 Xxxxx Xxxx Xxxxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: City Manager b. If to the ENGINEER:Consultant: Camiros, Ltd. 000 Xxxxx Xxxxx Xxxxxx, Chicago, IL 60607 Attn: Arista Strungys, Principal c. Either party may change its mailing address by giving written notice to the other party as provided above. Whenever this AGREEMENT Agreement requires one party to give the other notice, such notice shall be given only in the form and to the addresses described in this paragraph. 45. This AGREEMENT Agreement represents the entire and integrated contract between the parties and supersedes all prior negotiations, representations or understandings, whether written or oral. This AGREEMENT Agreement may only be amended by written instrument executed by authorized signatories of the VILLAGE City and the ENGINEERConsultant. 56. The terms of this AGREEMENT Agreement shall be binding upon and inure to the benefit of the parties and their respective successors. 67. The waiver of one party of any breach of this AGREEMENT Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this AGREEMENT Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 78. If any term, covenant, or condition of this AGREEMENT Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract shall not be affected thereby; and each term, covenant or condition of this AGREEMENT Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 89. This AGREEMENT Agreement shall be construed under and governed by the laws of the State of Illinois, and all actions brought to enforce the dispute resolution provisions of this AGREEMENT Agreement shall be so brought in the Circuit Court of DuPage County, State of Illinois. 9. This AGREEMENT may be signed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same instrument. 10. This AGREEMENT Agreement shall become effective only after an appropriation therefor has been made. The term of this AGREEMENT Agreement shall be for one year following the effective date of the appropriation.