HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (10)If to the City: City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to CSU: vice President of Administrative Services
Colorado State University
Gerry Bomotti
Fort Collins CO 80523
With copies to:
CSU. General Counsel, and
Mechanical Engineering Department
Colorado State University
Fort Collins CO 80523
27. No Remedy Exclusive. No remedy herein conferred upon or
reserved to a party is intended to be exclusive, and every such
remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in
equity. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right to power or
shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be
deemed expedient. In order to entitle the City or CSU to exercise
any remedy reserved, it shall not be necessary to give any notice,
other than such notice as may be specifically required by this
Lease.
28. No Waiver. In the event that any covenant contained
herein should be breached by a party and thereafter waived by the
other parties, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other breach
hereunder. In addition, the failure of one party to insist upon
strict performance of the terms, conditions, covenants and
agreements herein contained or any of them shall not constitute or
be considered as.a waiver or relinquishment of that party Is rights
thereafter to enforce any such default or term, condition, covenant
or agreement.
29. Binding Effect. This Lease shall inure to the benefit of
and shall be binding upon the City and CSU and their respective
heirs, successors, administrators and assigns.
30. Captions. The captions or headings herein are for
convenience only and in no way define, limit or describe the scope
or intent of any provisions or sections hereof.
31. Construction Entire Agreement/Ambiguities. This Lease
shall be construed according to its fair meaning and as if prepared
by all of the parties hereto and shall be deemed to be and contain
the entire understanding and agreement between the parties. There
- 12 of 17 -