MISCELLANEOUS PROVISIONS 14. Section 9.1. Financing Agreement for Benefit of Parties Hereto 14 Section 9.2. Severability 14 Section 9.3. Addresses for Notice and Demands 14 Section 9.4. Successors and Assigns 14 Section 9.5. Counterparts 14 Section 9.6. Governing Law 15 FINANCING AGREEMENT This FINANCING AGREEMENT, dated as of June 1, 2018 (the “Financing Agreement”) between the PURDUE RESEARCH FOUNDATION, an Indiana nonprofit corporation, and the CITY OF WEST LAFAYETTE, INDIANA, a municipal corporation duly organized and validly existing under the laws of the State of Indiana. PRELIMINARY STATEMENT
MISCELLANEOUS PROVISIONS 14. ARTICLE I – RECOGNITION The Marquette Area Public Schools (Board) hereby recognizes the Marquette Area Building Administrators (MABA), in accordance with the applicable provisions of Act No. 379, as amended, as the exclusive collective bargaining representative for the personnel employed by the Board as building administrators (principals and assistant principals), as follows. Position titles in the MABA membership and covered by this Agreement are: High School Principal Middle School Principal Assistant Principals Elementary School Principals The Board agrees not to negotiate on matters covered by the law with any administrative organization other than the MABA for the duration of this agreement. However, nothing contained herein shall be construed to prevent any individual building administrator from presenting an individual grievance and having that grievance adjusted without intervention of the MABA, provided the MABA has been given an opportunity to be present at such adjustment and provided the adjustment is not inconsistent with the terms of this agreement. The Board agrees to continue its policy of non-discrimination against building administrators on the basis of race, creed, color, age, national origin, sex, marital status, or membership, participation in, or association with any professional education organizations.
MISCELLANEOUS PROVISIONS 14. 1 Where reference is made in this Agreement to a provision AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
MISCELLANEOUS PROVISIONS 14. Section 7.1. Entire Contract and Amendments 14 Section 7.2. Third Parties 14 Section 7.3. Counterparts 14 Section 7.4. Special and Limited Obligation. 14 Section 7.5. Time and Force Majeure 15 Section 7.6. Waiver 15 Section 7.7. Cooperation and Further Assurances 15 Section 7.8. Notices and Communications 15 Section 7.9. Successors in Interest 16 Section 7.10. No Joint Venture, Agency, or Partnership Created 16 Section 7.11. Verification of Tax Increment 17 Section 7.12. Illinois Law; Venue 17 Section 7.13. No Personal Liability of Officials of City 17 Section 7.14. Repealer 17 Section 7.15. Term 17
MISCELLANEOUS PROVISIONS 14. 1 The Warranties and, in general, all other clauses of this Agreement providing for any obligation of the Parties to be performed after the Closing Date shall remain in full force and effect after the Closing, without necessity for any of the Parties to reiterate or otherwise confirm its commitment with respect thereto. 14.2 Except as otherwise specifically provided herein, no Party may assign any of its rights, interests or obligations hereunder without the prior written consent of the Buyer (in the case of assignment by any Seller, the AGIC Fund or the Xenon Fund) or Sellers’ Representative (in the case of assignment by the Buyer or Parent). 14.3 No waiver by a Party of any claim or failure by another Party to perform any provision of this Agreement shall operate or be construed as a waiver in respect of any other claim or failure whether of a like or different character. 14.4 This Agreement may not be waived, changed, modified or discharged orally, but only by an agreement in writing signed by the Party against whom enforcement of any such waiver, change, modification or discharge is sought. 14.5 If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable under the laws of any jurisdiction, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of a mutually satisfactory provision, achieving so nearly as possible the same commercial effect, to be substituted for the provision so found to be void or unenforceable. 14.6 Except as otherwise set forth herein, each of the Parties shall pay its own costs, charges and expenses incurred in connection with the negotiation, preparation and implementation of this Agreement and the transactions contemplated by it. 14.7(a) Any notice or other communication to be given hereunder shall be in writing in the English language and signed by or on behalf of the Party giving it and may be served by sending it by fax, delivering it by hand or sending it by registered mail return receipt requested to the address and for the attention of the relevant party as set out in Section 14.7(b) (or as otherwise notified from time to time hereunder). Any notice so served by hand, fax or post shall be deemed to have been received:
MISCELLANEOUS PROVISIONS 14. 1 Where reference is made in this Agreement to a provision of AIA Document A201- 1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:26:57 on 09/01/2005 under Order No.0000000000_1 which expires on 8/26/2006, and is not for resale. User Notes: (0000000000)
MISCELLANEOUS PROVISIONS 14. Section 8.1. Survival 14 Section 8.2. Notices 14 Section 8.3. Amendments 15 Section 8.4. Assignment and Parties in Interest 15 Section 8.5. Expenses 16 Section 8.6. Entire Agreement 16 Section 8.7. Descriptive Headings 16 Section 8.8. Counterparts 16 Section 8.9. Governing Law; Jurisdiction 16 Section 8.10. Severability 17 Section 8.11. Specific Performance 17 Schedule 6.3 - Conflicts Schedule 6.4 - Equity Ownership STOCKHOLDERS AGREEMENT
