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9.9.82 -- ' <br />C169-107 <br /> <br /> 4. Assignment and Release. Buyer hereby assumes <br /> all responsibility and obligation of Sente and Valley under <br /> the Allocation Agreement with respect to the Lot and the Lot <br /> Allocation, and Buyer agrees to defend, indemnify and hold <br /> harmless Sente and Valley from any liability or obligation <br /> under the Allocation Agreement with respect to the Lot and <br /> the Lot Allocation. <br /> <br /> 5. Term. This agreement shall terminate on <br />November 17, 1989, unless earlier terminated pursuant to <br />paragraph 9 below. <br /> <br /> 6. Amendment. This agreement may be amended <br />only by written agreement between the parties hereto. <br /> <br /> 7. Subsequent Assignment. Buyer may assign its <br />rights, obligations, and interest under this agreement to a <br />third party upon said third party's taking title to the Lot. <br />In the event of such assignment, Buyer shall provide the <br />City with written notice of any such assignment and trans- <br />fer, and Buyer and said third party shall execute, acknow- <br />ledge and record an assignment, assumption and release <br />agreement in a form satisfactory to the City. <br /> <br /> 8. Attorneys' Fees. In the event any party <br />brings an action at law or equity to enforce, interpret or <br />redress the breach of this agreement, the prevailing party <br />in such action shall be entitled to its litigation expenses <br />and reasonable attorneys' fees incurred in addition to all <br />other relief as may be allowed by law. "Prevailing party" <br />within the meaning of this paragraph shall include, without <br /> <br />limitation, a party who brings an action after the other's -5- <br /> <br /> <br />