Severability and Termination. 1. In the event any provision of this Agreement is deemed by a Federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect.
Severability and Termination. The Agreement shall remain in effect for Declarations made prior to expiration of the Agreement in order to minimize delays in delivery of FEMA assistance.
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. DEVELOPER: NMS1430LINCOLN, LLC. 0000 0XX Xxxxxx, Xxxxx 000 Xxxxx Xxxxxx, XX 00000 By: Name: Xxxxx Xxxxxx Title: CEO CITY: CITY OF SANTA XXXXXX, a municipal corporation By: Name: Xxxx Xxxx Title: City Manager ATTEST: By: Name: Xxxxxx Xxxxxxxx-Xxxxxx City Clerk APPROVED AS TO FORM: By: Name: Xxxxx Xxxx Deputy City Attorney EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY Exhibit A EXHIBIT “B” 711 COLORADO LEGAL DESCRIPTION EXHIBIT “C” 711 COLORADO DEED RESTRICTION EXHIBIT “D” PROJECT PLANS EXHIBIT “E” ZONING ORDINANCE (SMMC ARTICLE 9) EXHIBIT “F” PERMITTED FEES AND EXACTIONS CONDITIONS OF APPROVAL
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date.
Severability and Termination. 446 1. In the event any provision of this PA is deemed by a Federal court to be contrary to, or in 447 violation of, any applicable existing law or regulations of the US, only the conflicting 448 provision(s) shall be deemed null and void, and the remaining provisions of the PA shall 449 remain in effect.
Severability and Termination. If all Signatories agree in writing, the PA may be extended 289 for additional 10 year periods. 290 VIII. AMENDMENT 291 Any Signatory may propose that this PA be amended, whereupon the Signatories and 292 Concurring Parties will be consulted to consider such amendment. The amendment 293 process starts when a Signatory notifies the other Signatories and Concurring Parties of 294 this PA that it wishes to amend this agreement. A written notice must be sent to all 295 Signatories and Concurring Parties by the party that wishes to amend the PA. The 296 requests will include the proposed amendments and the reasons for proposing them. 297 No amendment shall take effect until it has been agreed upon by all Signatories. The 298 amendment will be effective on the date a copy signed by all of the Signatories is filed 299 with the ACHP and SHPO.
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. DEVELOPER: MACERICH SMP LP, a Delaware limited partnership By: MACERICH SMP GP LLC, a Delaware limited liability company, its general partner By: Name: _ Title: CITY: CITY OF SANTA XXXXXX ATTEST: a municipal corporation By: _
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. DEVELOPER: PALMETTO HOSPITALITY OF SANTA MONICA I, LLC, a California limited liability company By: Name: Title: OWNER: 0000 0XX XXXXXX LLC, a California limited liability company By: Name: Title: [signatures continued on next page] CITY: CITY OF SANTA XXXXXX ATTEST: a municipal corporation By: _
Severability and Termination. If all Signatories agree in writing, the PA may be extended 434 for additional ten (10) year periods. 435 X. AMENDMENT 436 1. Any Signatory may propose that this PA be amended, whereupon the Signatories and 437 Consulting Parties will be consulted to consider such amendment. The amendment 438 process starts when a Signatory notifies the other Signatories and Consulting Parties of 439 this PA that it wishes to amend this agreement. A written notice must be sent to all 440 Signatories and Consulting Parties by the party that wishes to amend the PA. The 441 requests will include the proposed amendments and the reasons for proposing them.
Severability and Termination. 301 In the event any provision of this PA is deemed by a Federal court to be contrary to, or 302 in violation of, any applicable existing law or regulations of the US, only the conflicting 303 provision(s) shall be deemed null and void, and the remaining provisions of the PA shall 304 remain in effect. 305 Any Signatory may propose to terminate this PA. The termination process starts when a 306 Signatory notifies the other Signatories and Concurring Parties of this PA that it wishes to 307 terminate this PA. A written notice must be sent to all Signatories and Concurring Parties 308 by the party that wishes to terminate the PA at least sixty (60) calendar days prior to 309 termination. The written notice must explain in detail the reasons for the proposed 310 termination. The Signatories and Concurring Parties will consult during the sixty (60) day 311 period to seek agreement on amendments or other actions that would avoid termination. 312 If the Signatory proposing the termination does not withdraw the proposal by the end of 313 the sixty (60) day period and a longer period of arbitration is not agreed to by the 314 Signatories involved, then the PA will be terminated. 315 In the event of termination, the Signatory proposing termination will send a written notice 316 to all Signatories and Concurring Parties that the PA has been terminated. After which 317 FHWA/HDOT will comply with 36 CFR § 800 for individual Undertakings. 318 In the event of termination, for projects unrelated to the reasons for termination and 319 previously reviewed in accordance with Stipulation II Project Review, if all mitigation 320 has been contracted for or completed (if applicable), that project may still proceed even if 321 this PA has been terminated. 322 This PA may be terminated by the implementation of a subsequent Agreement, pursuant 323 to 36 CFR § 800.14(b), that explicitly terminates or supersedes this PA, or by FHWA 324 implementation of Alternate Procedures, pursuant to 36 CFR § 800.14(a). 325 X. CONFIDENTIALITY 326 All parties to this Agreement acknowledge that information about historic properties, potential 327 historic properties, or properties considered historic for purposes of this Agreement are or may be 328 subject to the provisions of Section 304 of NHPA. Section 304 allows FHWA to withhold from 329 disclosure to the public, information about the location, character, or ownership of a historic 330 resource if HDOT determines that disclosure may 1) cause a ...
