238-26 - 410 Main Settlement.pdf

6.5 Interpretation In the event of any subsequent dispute or ambiguity involving the interpretation of this Agreement, inasmuch as the Parties and their attorneys have had input into the terms and conditions contained herein, this Agreement shall not be interpreted against the Township, the Planning Board, or any Party by reason of drafting. 6.6 Assignment Developer may assign this Agreement with advance notice to the Township, provided, however, that any assignment shall require that the assignee expressly assume in writing Developer's obligations under Article II and all other obligations applicable to the Property and Inclusionary Project, and such assignment shall not relieve the assigning Developer/property owner of its obligations for acts or omissions occurring prior to the effective date of the assignment unless the Township expressly agrees in writing. 6.7 Schedules Any and all Exhibits and Schedules annexed to this Agreement are hereby made a part of this Agreement by this reference thereto. The only exhibits to this Agreement are Exhibit A and Exhibit B unless the Parties amend this Agreement in writing. 6.8 Entire Agreement This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof, and supersedes all prior negotiations, discussions, representations, and understandings, whether written or oral, except to the extent expressly incorporated herein. 6.9 Effective Date Anything herein contained to the contrary notwithstanding, the effective date of this Agreement shall be the date upon which all Parties execute the same in accordance with the proper legal processes designated by law and the court approves this Agreement or a similar agreement (“Effective Date”). 6.10 Captions The captions and section headings in this Agreement are for convenience only and shall not be used to interpret, expand, or limit the terms of this Agreement. 6.11 Waiver The Parties agree that this Agreement is enforceable. Each of the Parties waives all rights to challenge the validity or the ability to enforce this Agreement. Failure to enforce

Waiver The Parties agree that this Agreement is enforceable. Each of the Parties waives all rights to challenge the validity or the ability to enforce this Agreement. Failure to enforce any of the provisions of this Agreement by any of the Parties shall not be construed as a waiver of these or other provisions. 18