COUNTERPARTS AND INTERPRETATION. The Agreement may be executed in any number of counterparts, electronically, via facsimile or in portable document format (PDF), all of which taken together shall constitute one single agreement between the Parties. Headings are for convenience only and are not to be considered in construing or interpreting the Agreement. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
COUNTERPARTS AND INTERPRETATION. 27.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original.
COUNTERPARTS AND INTERPRETATION. 34 28. SEVERABILITY............................................................................................34 29. WAIVERS.................................................................................................35 30. AMENDMENTS..............................................................................................35 31. TIME IS OF THE ESSENCE..................................................................................35 32. APPROVALS...............................................................................................36 33.
COUNTERPARTS AND INTERPRETATION. 31.1 This Agreement may be executed in two (2) counterparts, both of which shall be deemed an original.
COUNTERPARTS AND INTERPRETATION. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. The Parties agree that the “Whereas” paragraphs on pages 1, 2 and 3 of this Agreement are not mere recitals, but are fully effective and binding on the Parties. MANHATTAN DEVELOPMENT GROUP, LLC, a Kentucky limited liability company By: Its: CITY OF DAYTON, KENTUCKY By: Xxx Xxxxx, Mayor DAYTON INDEPENDENT BOARD OF EDUCATION By: , Chairperson EXHIBIT A LEGAL DESCRIPTION PROJECT PROPERTY Manhattan Harbour IRB 1 PIDN 999-99-33-462.00 Narrows 2 999-99-33-462.01 Marina 3 999-99-33-462.05 Marina 4 999-99-33-462.06 Marina 5 999-99-33-462.07 Marina 6 999-99-33-462.08 Marina 7 999-99-33-462.09 Marina 8 999-99-33-462.10 Marina 9 999-99-33-462.11 Lots 10 999-99-33-462.12 Lots 11 999-99-33-462.13 Lots 12 999-99-33-462.14 Lots 13 999-99-33-462.15 Lots 14 999-99-33-462.16 Lots 15 999-99-33-462.17 Lots 16 999-99-33-462.18 Lots 17 999-99-33-462.19 Lots 18 999-99-33-462.35 Lots 19 999-99-33-462.36 Lots 20 999-99-33-462.37 Lots 21 999-99-33-462.38 Lots 22 999-99-33-462.39 Lots 23 999-99-33-462.40 Lots 24 999-99-33-462.41 Lots 25 999-99-33-462.42 Lots 26 999-99-33-462.43 Lots 27 999-99-33-462.44 Lots 28 999-99-33-462.45 Lots 29 999-99-33-462.51 Lots 30 999-99-33-462.52 Lots 31 999-99-33-462.53 Lots 32 999-99-33-462.54 Lots 33 999-99-33-462.55 Lots 34 999-99-33-462.56 Lots 35 999-99-33-462.57 Lots EXHIBIT B FORM OF PILOT MORTGAGE OPEN-END LEASEHOLD MORTGAGE, SECURITY AGREEMENT AND AGREEMENT AS TO REAL ESTATE MATTERS (WITH LESSOR JOINDER) AMONG MANHATTAN DEVELOPMENT GROUP, LLC, Borrower, Mortgagor CITY OF DAYTON, KENTUCKY, Issuer, Mortgagee and THE HUNTINGTON NATIONAL BANK, as Trustee, Assignee SECURING: Borrower’s (AND ITS ASSIGNEES’) obligations under a certain payment in lieu of taxes agreement, hereinafter defined, made between and the Borrower and the Issuer, this Mortgage DATED AS OF: _________________ Prepared by: Xxxxx X. Xxxxxxx, Esq. Xxxxxxx Muething & Xxxxxxx PLL Xxx Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 TABLE OF CONTENTS Page Article I DEFINITIONS 7 Section 1.1 General 7 Section 1.2 Definitions 7 Article II PAYMENTS, TAXES, INSURANCE, MAINTENANCE, SUBSTITUTIONS, REMOVALS, LIENS, DAMAGE AND DESTRUCTION, CONDEMNATION, EXPENSES OF MORTGAGEE 9 Section 2.1 Nature of Lien and Limitation of Obligations 9 Section 2.2 PILOT Agreement 9 Section 2.3 Taxes and Other Charges/Insurance 9 Section 2.4 Condemnation 12 Section 2.5 Protectio...
COUNTERPARTS AND INTERPRETATION. This Consent form is to be executed electronically. This shall constitute one single agreement of consent.
COUNTERPARTS AND INTERPRETATION. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The captions appearing in this Agreement are inserted only as a matter of convenience and as a reference and in no way define, limit, or describe the scope or intent of this Agreement or any of the provisions hereof. As the context may require in this Agreement, the use of any gender (male, female, or neuter) shall include any other gender, and the singular shall include the plural and the plural the singular. As used in this Agreement, the term "person" includes individual, sole proprietorship, partnership, joint venture, trust, corporation, limited liability company, association, or any other entity or agency. The term "days" means calendar days.
COUNTERPARTS AND INTERPRETATION. 1) This Amendment No. 2 may be executed in any number of counterparts, each of which shall be deemed an original.
COUNTERPARTS AND INTERPRETATION. This Agreement may be executed in two or more counterparts, each of which will take effect as an original and all of which shall evidence one and the same agreement. In addition, any counterpart signature page may be executed and delivered by facsimile or portable document format ("PDF") and any such faxed or PDF signature pages may be attached to one or more counterparts of this Agreement, and such faxed or PDF signature(s) shall have the same force and effect as if original signatures had been executed and delivered in person. Capitalized terms not defined herein shall have the meanings set forth in the Acquisition Agreement.
COUNTERPARTS AND INTERPRETATION. This Agreement may be executed in two or more counterparts and such counterparts together shall constitute one and the same instrument binding upon all the parties hereto notwithstanding that all of such parties may not have executed the same counterpart. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. [The Signature Page Follows]
