Limitation on Effect of Agreement. This Agreement shall not obligate either the City or Sonnenblick to enter into a DA or to accept any particular term or condition in a DA. By execution of this Agreement, the City is not committing itself to or agreeing to undertake the Development or lease the Site. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission action the final discretion and approval regarding the execution of a DA and all proceedings and decisions in connection with it. Any DA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA has been considered and approved by the City Commission following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Sonnenblick. No agreements, agreement drafts, actions, deliverables or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick to enter into or support entering into a DA or be used as evidence of any oral or implied agreement by either of them to enter into any other legally binding document or to undertake any legally binding duty or obligation, unless in writing authorized and executed with the same formality as this Agreement and expressly stating the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by this Agreement.
Limitation on Effect of Agreement. This Agreement does not obligate either the County or the Developer to enter into a DDA. By execution of this Agreement, the County is not committing itself to or agreeing to undertake acquisition, disposition or exercise of control over any parcels in the Property. Execution of this Agreement by the County is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent County Board of Supervisors action, the final discretion and approval regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant to this Agreement will be effective only if it is considered and approved by the County Board of Supervisors in accordance with all legally required procedures, and if it is executed by duly authorized representatives of the County and the Developer. Until and unless a DDA is approved by the County Board and executed by the County and the Developer, no agreement drafts, actions, deliverables or communications arising from the performance of this Agreement will impose any legally binding obligation on either party to enter into or support entering into a DDA or be used as evidence of any oral or implied agreement by either party to enter into any other legally binding document.
Limitation on Effect of Agreement. This Agreement shall not obligate the City or the Developer to approve a Term Sheet or enter into a DDA or any other Agreement regarding the Site. By execution of this Agreement, the City is not committing itself to or agreeing to undertake disposition of the Site. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Council action the final discretion and approval regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DDA has been considered and approved by the City Council, following conduct of all legally required procedures, and executed by duly authorized representatives of the City and the Developer. Until and unless a DDA is signed by the Developer, approved by the City Council, and executed by the City, no agreement drafts, actions, deliverables, or communications arising from the performance of this Agreement shall impose any legally binding obligation on either Party to enter into or support entering into a DDA or be used as evidence of any oral or implied agreement by either Party to enter into any other legally binding document.
Limitation on Effect of Agreement. This Agreement shall not obligate either the County or the Developer to enter into the Conveyance Agreement. By execution of this Agreement the County is not committing to the disposition of the Property (or any portion thereof). Execution of this Agreement by the County is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent action by the County Board of Supervisors the final discretion and approval regarding the execution of a Conveyance Agreement and all proceedings and decisions in connection therewith, including, but not limited to compliance with the applicable requirements of the California Environmental Quality Act, and its implementing regulations (collectively, "CEQA"), and/or the National Environmental Policy Act, and its implementing regulations (collectively, "NEPA"). Any Conveyance Agreement resulting from negotiations pursuant to this Agreement shall become effective only if, and after, such Conveyance Agreement has been considered and approved by the County Board of Supervisors following conduct of all legally required procedures, including, but not limited to, all applicable requirements of CEQA and NEPA, and executed by duly authorized representatives of the County and the Developer. Until and unless a Conveyance Agreement is executed by the Developer, approved by the County Board of Supervisors, and executed by the County, no agreement drafts, actions, deliverables or communications arising from the performance of this Agreement shall impose any legally binding obligation on either Party to enter into or support entering into a Conveyance Agreement or be used as evidence of any oral or implied agreement by either Party to enter into any other legally binding document.
Limitation on Effect of Agreement a. The Parties acknowledge and agree that this Agreement is for the sole purpose of setting forth the conceptual agreement of the Parties, and stating the intention of the parties to negotiate a DDA and, if the Negotiations are successful, to enter into a DDA. In the event a final DDA is not entered into by the Parties before the end of the Term, either Party may terminate this Agreement upon written notice to the other Party. Unless and until the Parties enter into this Agreement, the City shall have no obligations to Developer.
Limitation on Effect of Agreement. This Agreement shall not obligate the City or KDC/Cienda to enter into a DDA for the disposition or development of the Project Site. KDC/Cienda understands and agrees that any proposed DDA resulting from the negotiations between the Parties pursuant to this Agreement shall become effective only if and after such DDA has been considered and approved by the Governing Body of the City, acting in its sole and absolute discretion, and executed and delivered by both City and Master Developer.
Limitation on Effect of Agreement. This Agreement (and any extension of the Negotiating Period) shall not obligate either the Agency or the Developer to enter into a DDA or to enter into any particular DDA. The Parties acknowledge that the Agency must retain complete discretion in conducting its owner participation process for the Site, and retains complete discretion to elect not to sell or transfer the Site, or any portion thereof, to Developer and to elect not to enter into a DDA or other future agreement with the Developer. This Agreement (and any extension of the Negotiation Period) shall not obligate the Agency to sell or otherwise transfer the Site, or any portion thereof, to the Developer or any other entity, nor does this Agreement grant the Developer the right to develop the Project. By execution of this Agreement (and any extension of the Negotiating Period), the Agency is not committing itself to or agreeing to undertake acquisition, disposition, or exercise of control over the Site or any portion of the Site. Execution of this Agreement by the Agency is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving owner participation rights to current owners of the Property and reserving for subsequent Agency and City Council action the final discretion and approval regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DDA has been considered and approved by the Agency and, if required by law, the City Council of the City, following conduct of all legally required procedures.
Limitation on Effect of Agreement. This Agreement shall not obligate the City or the Buyer to enter into a Sales Agreement or to enter into any particular Sales Agreement. By execution of this Agreement, the City is not committing itself to or agreeing to undertake acquisition, disposition, or exercise of control over any property. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Council action the final discretion and approval regarding the execution of a Sales Agreement and all proceedings and decisions in connection therewith. Any Sales Agreement resulting from negotiations pursuant to this Agreement shall become effective only if and after such Sales Agreement has been considered and approved by the the City Council of the City of Livermore, following conduct of all legally required procedures.
Limitation on Effect of Agreement. This ENRA shall not obligate the City or Artspace to enter into a Site Control Agreement or any other agreement regarding the Project Site. By execution of this agreement, the City is not committing itself to or agreeing in any manner to undertake disposition of the Project Site. Execution of this agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission action the final discretion and approval regarding the execution of a Site Control Agreement and all proceedings and decisions in connection therewith. Any Site Control Agreement resulting from negotiations pursuant to this agreement, shall become effective only if and after such agreement has been considered and approved by the City Commission, following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Artspace. Until and unless a Site Control Agreement is signed by Artspace, approved by the City Commission, and executed by the City, no agreement drafts, actions, deliverables, or communications arising from the performance of this agreement shall impose any legally binding obligation on either party to enter into or support entering into a Site Control Agreement, or be used as evidence of any oral or implied agreement by either party hereto to enter into any other legally binding documents. This agreement shall, in all respects, be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Michigan and venue for any dispute shall lie in Macomb County, Michigan.
Limitation on Effect of Agreement. This Agreement shall not obligate either the County or the Developer to enter into an LDDA or Ground Lease or to enter into any other agreement. By execution of this Agreement, the County is not committing itself to or agreeing to undertake disposition of any property. Execution of this Agreement by the County is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent County action the final discretion and approval regarding the execution of an LDDA and Ground Lease and all proceedings and decisions in connection therewith. Any LDDA and Ground Lease resulting from negotiations pursuant to this Agreement shall become effective only if and after such LDDA and Ground Lease have been considered and approved by the County Board of Supervisors following conduct of all legally required procedures. No agreement drafts, actions, deliverables or communications arising from the performance of this Agreement shall impose any legally binding obligation on either Party to enter into an LDDA or Ground Lease, nor shall any such documents, actions or communications constitute any oral or implied agreement by either Party to enter into any other agreement. The Parties acknowledge that the final form of any agreement governing the development of the Property may contain matters not covered in this Agreement, and the provisions herein are not intended to exclude or preclude any other issues that may arise during negotiations.
