9-21 Exhibit - Authorizing Execution of Grant Agreement for the HDSRF Grant Funds for Removal of UST at the Selecto-Flash Property a_.pdf

6.3. Severability If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceable portion, and such prohibition or unenforceable shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in order to effect the provisions of this Agreement. 6.4. Applicable Law This Agreement shall be deemed to be a contract made in New Jersey and governed by New Jersey law. 6.5. Binding Effect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns, and the terms "Authority" and "Grantee", where the context requires, include the respective successors and assigns of such persons. The DEP shall be deemed a third party beneficiary of this Agreement. 6.6. Amendments This Agreement may not be amended except by an instrument in writing signed by the parties. 6.7. No Warranty of Condition or Suitability by Authority The Authority makes no warranty, either express or implied, as to the condition of the Project or any part thereof or that they will be suitable for the Grantee's purposes or needs. The Grantee acknowledges and agrees that the Authority is not a dealer in property of such kind, and that the Authority has not made, and does not hereby make, any representation or warranty or covenant with respect to the fitness for a particular purpose, condition or suitability of the Project in any respect or in connection with, or for the purposes and uses of the Grantee or its tenants. 6.8. Further Assurances The Authority and the Grantee shall, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be required for carrying out the intention of or facilitating the performance of this Agreement. 6.9. Headings The captions or headings in this Agreement are for convenience of reference only and shall not control or affect the meaning or construction of any provision hereof. 6.10. Sole Agreement This contract represents the entire and complete agreement

nience of reference only and shall not control or affect the meaning or construction of any provision hereof. 6.10. Sole Agreement This contract represents the entire and complete agreement between these parties with respect to the Grant set forth herein. 6.11 Counterparts This Agreement may be executed simultaneously in several counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and may be delivered by telecopier, e-mail, PDF or other facsimile transmission all with the same force and effect as if the same were a fully executed and delivered original manual counterpart. P45524 Township of West Orange (Selecto Flash Inc.)