191-18 Exhibit.pdf

12. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall for ail purposes constitute one agreement, which is binding upon the parties hereto. 13. Severability: Each provision of this Agreement is severable and the invalidity and the illegality of any of the provisions of this Agreement or its application to any person shall not affect the validity or the legality of any other provision or application to any person. 14. Waiver: Any term of this Agreement to which any party is entitled to the benefit of, may be waived at any time by such party by written instrument duly executed and such waiver shall not constitute or be deemed a waiver of any other term or provision of this Agreement. 15. Entire Agreement: This Agreement constitutes the entire agreement of the parties hereto with respect to the matter set forth herein and supersedes any prior understanding or agreement, oral or written. 16. Arbitration: The parties agree that ‘all disputes arising under this Agreement shall be resolved by arbitration in accordance with the procedures and by a qualified arbitrator or arbitrators certified and selected as provided by the American Arbitration Association. 17. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. 18. Authorization to Execute Agreement: On at a meeting of the Municipal Council of the Municipality, the Municipal Council introduced and passed an Ordinance approving the granting of a tax abatement and payment in lieu of taxes, which Ordinance further authorized the Mayor to enter into a Financial Agreement in accordance with the Long Term Tax Exemption Law, N.J.S.A. 40A-20-1 et. seq. and in accordance with the provisions of the Ordinance, granting a tax abatement to the Project. ROS:864 175, 1/leo0S6-240825 5