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Res 2017-139/Whisper finance agreement
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Res 2017-139/Whisper finance agreement
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10/11/2017 9:23:13 AM
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9/12/2017 1:32:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-139
Date
9/5/2017
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All references in this Agreement to "Exhibits" are to the designated Exhibits to this Agreement. <br />(g) The words "herein," "hereof," "hereto," "hereby," "hereunder," and other words <br />of similar import refer to this Agreement as a whole and not to the specific Section or provision <br />where such word appears. <br />(h) The words "including" and "includes," and words of similar import, are deemed <br />to be followed by the phrase "without limitation." <br />(i) Unless the context otherwise requires, a reference to the "Property," the "Public <br />Improvements," or the "District" is deemed to be followed by the phrase "or a portion thereof." <br />LL 7! GG !! Gi ff iG 7! GG ff LL <br />Every request, order, demand, direction, application, appointment,„ <br />"notice,” ``statement," "certificate," ``consent," ``approval," ``waiver," ..identification," or similar <br />action under this Agreement by any Party shall, unless the form of such instrument is specifically <br />provided, be in writing duty signed by a duly authorized representative of such Party. <br />(k) The Parties hereto acknowledge that each such party and their respective counsel <br />have participated in the drafting and revision of this Agreement. Accordingly, the Parties agree <br />that any rule of construction that disfavors the drafting party shall not apply in the interpretation <br />of this Agreement. <br />Section 8.05. Table of Contents; Titles and Headings <br />The titles of the articles and the headings of the sections of this Agreement are solely for <br />convenience of reference, are not a part of this Agreement, and shall not be deemed to affect the <br />meaning, construction, or effect of any of its provisions. <br />Section 8.06. Amendments <br />This Agreement may be amended, modified, revised or changed by written instrument <br />executed by the Parties and approved by the City Council. <br />Section 8.07. Time <br />In computing the number of days for purposes of this Agreement, all days will be <br />counted, including Saturdays, Sundays, and legal holidays; however, if the final day of any time <br />period falls on a Saturday, Sunday, or legal holiday, then the final day will be deemed to be the <br />next day that is not a Saturday, Sunday, or legal holiday. <br />Section 8.08. Counterparts <br />This Agreement may be executed in any number of counterparts, each of which will be <br />deemed to be an original, and all of which will together constitute the same instrument. <br />Section 8.09. Entire Agreement <br />20 <br />WHISPER PID FINANCING AGREEMENT <br />
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