(A) Provisions.
(1) Binding agreement. The parties represent that:
(a) When executed by the respective parties, this agreement shall constitute legal and binding obligations of the parties; and
(b) That each party has complied with all relevant statutes, ordinances, resolutions, bylaws, and other legal requirements applicable to their operation in entering into this agreement.
(2) State law. This agreement shall be interpreted pursuant to state law.
(3) Time of essence. Time shall be of the essence of this agreement.
(4) Interpretation of agreement.
(a) The invalidity of any portion of this agreement shall not prevent the remainder from being carried into effect.
(b) Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include any other and all genders.
(c) The paragraph and section headings in this agreement are for convenience only and do not constitute a part of the provisions hereof.
(5) No presumption. All parties have participated in preparing this agreement. Therefore, the parties stipulate that any court interpreting or construing the agreement shall not apply the rule of construction that the agreement should be more strictly construed against the drafting party.
(6) Amendments. This agreement may be modified or amended by written agreement only. No oral modifications or amendments shall be effective.
(7) Binding agreement. This agreement shall be binding upon the heirs, successors, administrators, and assigns of each of the parties.
(8) Date of effect. The franchise granted hereby, under the terms and conditions as set out herein, shall be effective as between the parties upon signature of the authorized representative of both of them as evidenced by their signatures below.
(B) Franchise acknowledgment. An example of a franchise acknowledgment signature page is as follows.
Franchise Acknowledgment SIGNED AND ENTERED INTO this ____ day of _____________, 20__ “CITY” CITY OF WEST HAVEN _____________________ Mayor ATTEST: _____________________ City Recorder “PROVIDER” By: _____________________ Title: _____________________ |
STATE OF _________) :ss. COUNTY OF _______) On the _________ day of ________, 20__, personally appeared before me _____________, who being by me duly sworn did say that he/she is the ____________ of________________, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and they acknowledged to me that said corporation executed the same. |
(Prior Code, § 13.11.090) (Ord. 13-98, passed 5-20-1998)