SECTION SIXTEEN. Binding Agreement The terms thereof shall be binding on the boat owner and marina, their heirs, successors, and assigns.
SECTION SIXTEEN. SUPERVISION AND THE RELATIONSHIP OF THE PARTIES In the performance of the work herein contemplated, the Municipality is an independent contractor with the authority to control and direct the performance of the details of the work. The County is interested in approval, design, and results obtained. The Municipality agrees to comply with all federal, state and municipal laws, rules and regulations pertaining to the Project that are now or may in the future become applicable to Municipality. The parties hereto agree that the Municipality is not an employee of County and is not entitled to the benefits provided by County or its employees, including, but not limited to, group insurance and pension plan. The Municipality is an independent entity. The Municipality and County agree that the County may contract with others to provide the services called for in this agreement in the event that Municipality breaches its obligations contained in this agreement. SECTION SEVENTEEN: INDEMNIFICATION To the extent permissible by law, Municipality shall indemnify and hold County harmless from any and all liability, loss or damage County may suffer as a result of claims, demands, costs or judgments against it arising out of Municipality's performance of this agreement. To the extent permissible by law, County shall indemnify and hold Municipality harmless from any and all liability, loss or damage Municipality may suffer as a result of claims, demands, costs or judgments against it arising out of County’s performance of this agreement. It is understood and agreed that the obligation of County to perform under the terms of this agreement is expressly conditioned upon the existence of the Transportation Sales Tax also known as the Road and Bridge Capital Improvements Sales Tax passed by the electorate on November 5, 1985, and reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012. SECTION EIGHTEEN: AUDIT The Municipality's records that shall include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this agreement shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the County, at the County's expense. The Municipality shall preserve all such records for a peri...
SECTION SIXTEEN. ATTORNEY'S FEES If any action at law or in equity shall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made a part of any judgement or decree rendered.
SECTION SIXTEEN. ENTRY ON PREMISES BY LESSOR Lessor reserves the right to enter on the Premises at reasonable times to inspect them, perform required maintenance and repairs, or make additions, alterations, or modifications to any part of the Building, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises, or loss of occupation thereof, provided Lessor shall not unreasonably interfere with Lessee's business operations. SECTION SEVENTEEN SIGNS AND MARQUEES INSTALLED BY LESSEE Lessee shall not construct or place signs, marquees, or other structures projecting from the exterior of the Premises without the written consent of Lessor. All such signs, marquees, or other structures shall comply with all applicable local ordinances. Lessee shall remove signs, advertisements, decorations, or other structures it has placed on the Premises that are not in compliance with local ordinances. If Lessee fails to remove such signs, advertisements, decorations, or other structures within thirty (30) days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee.
SECTION SIXTEEN. DURATION OF AGREEMENT
SECTION SIXTEEN. It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.
SECTION SIXTEEN. ATTORNEYS' FEES If any action should be commenced to interpret or enforce this agreement, the party who substantially prevails shall be entitled to recover all costs which that party incurred in prosecuting or defending that action and any appeal thereof (including but not limited to reasonable attorneys' fees) in addition to any other relief to which that party may be entitled.
SECTION SIXTEEN. DEFAULT -------------------------
SECTION SIXTEEN. If any provision of this Agreement, or the application of such provision to particular circumstances, shall be held invalid, the remainder of this Agreement, or the application of such provision to circumstances other than those as to which it is held invalid, shall not be affected thereby.
SECTION SIXTEEN. PHYSICIAN
