Common use of Assignment To Clause in Contracts

Assignment To. Agreement shall not be deemed to be invalid or construed as a waiver of performance of any other term of the Agreement or a waiver of such provision on future occasion. Whenever the provisions of the law or the Cooperative By-laws require notice to be given to either party, any notice by the Cooperative to the Member shall be deemed to have been duly given if the notice is delivered to the Member at the Lot or to the Member s’ last known address; and any notice by the Member if delivered to a current elected officer of the Cooperative. Such notice may also be given by depositing the notice in the United States mail, addressed to the Member, as shown on the books of the Cooperative, or to the President of the Cooperative as the case may be, and the time of mailing shall be deemed to be the time of the giving of such notice. No representations other than those contained in this Agreement, the Articles of Incorporation, the By-laws, or the Rules and Regulations of the Cooperative, now in effect, or as may hereafter be amended from time to time, shall be binding upn the Cooperative. The Articles of Agreement, the By-laws, all Cooperative resolutions, and its duly adopted Rules and Regulations pertaining to the Park, now in effect or as later amended from time to time, shall be binding upon the Cooperative. Either party shall be entitled to reasonable attorneys ’ fees and costs incurred in the enforcement of the terms of this Agreement and the Cooperative shall be entitled to said fees and costs associated with the expulsion of any member from the membership based, in whole or in part, on a violation of this Agreement. The Cooperative shall be entitled to a lien for said fees and costs in the same manner as any other lien provided for in RSA 205-A for carrying charges and/or rent. Time is of the essence of this Occupancy Agreement and any term, covenant, or condition herein. If this Agreement shall be executed by more than one (1) Member party, the obligations of the Members shall be their joint and several obligations in every instance. The Member recognizes and agrees that this Agreement is subject to a certain Collateral Assignment of Leases, Occupancy Agreements, and Carrying Charges between the Cooperative and TD Bank s’ rights under said Assignment in the event that TD Bank exercises its rights hereunder.