90-13 Agreement-West Orange + Montclair YMCA-Pool 2013.pdf

4 22. Elements of Construction Eviction. Licensee shall not be entitled to claim a constructive eviction from the Premises. 23. No Representations. Neither party has made any representations or promises, other than those contained in this Agreement or in some further writing signed by the party making the representation or promise. 24. Covenant of Quiet Enjoyment. Township covenants that as long as Licensee pays the rent and any additional rent required under this Agreement and performs Licensee’s covenants, Licensee shall peaceably and quietly have, hold, and enjoy the premises for the term provided, subject to the provisions of this Agreement. 25. Waiver of Jury Trial. To the extent waiver is permitted by law, the parties waive trial by jury in any action or proceeding brought in connection with this Agreement or the premises. 26. Captions. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. 27. No Assignment. The Licensee is not permitted to assign sublet or transfer any aspect of this Agreement, in whole or in part, to any entity or person. 28. Agreement Binding on Successors, Representatives, and Assigns. The provisions of this Agreement shall apply to, bind, and inure to the benefit of Township and Licensee, their successors, legal representatives, and assigns. 29. Entire Agreement: This Agreement may not be modified except by written agreement signed by both of the parties hereto.