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Year 2010 temporary budget to make available the ... - Jersey City

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(1) Severabilty. If any provision of this Agreement is held invalid or unenforceable by any court of<br />

competent jurisdiction, <strong>the</strong> o<strong>the</strong>r provisions of this Agreement will remain in full force and effect. Any provision of this<br />

Agreement held invalid or unenforceable only in part or degree wil remain in full force and effect <strong>to</strong> <strong>the</strong> extent not held<br />

invalid or unenforceable.<br />

(m) Counterpar; Facsimile Signatues. This Agreement may be executed in any number of counterparts,<br />

each of which shall be deemed an original, and facsimile copies or pho<strong>to</strong>copies of signatures shall be as valid as<br />

originals.<br />

(n) Confidentiality/Press Release. The parties agree <strong>to</strong> keep this Agreement and its terms confidential<br />

unless o<strong>the</strong>rwise required <strong>to</strong> disclose any such information by applicable law or in compliance with <strong>the</strong> terms of o<strong>the</strong>r<br />

agreements relating <strong>to</strong> <strong>the</strong> Event. Except <strong>to</strong> <strong>the</strong> extent reasonably necessary <strong>to</strong> fulfill its obligations and perform <strong>the</strong><br />

Services under this Agreement, <strong>the</strong> <strong>City</strong> shall keep confidential all matters relating <strong>to</strong> <strong>the</strong> Event, and shall not fuish or<br />

authorize <strong>the</strong> dissemination of any information or publicity of any form relating <strong>to</strong> <strong>the</strong> Event or <strong>the</strong> Red Bull Entities<br />

without <strong>the</strong> prior written consent of <strong>the</strong> Red Bull Entities.<br />

(0) Good Faith Efforts. The parties agree that for all instances herein where mutual agreement of <strong>the</strong><br />

parties is required, all parties shall use best efforts and exercise good faith in reaching such mutual agreement, not<br />

unreasonably withholding, delaying or conditioning <strong>the</strong>ir respective agreement.<br />

(p) Each Part <strong>to</strong> Bear Its Own Costs and Expenses. Each part here<strong>to</strong> shall bear its own costs, expenses,<br />

claims <strong>to</strong> interest and at<strong>to</strong>rneys' fees in connection with <strong>the</strong> negotiation, execution and delivery of this Agreement.<br />

iRB00018123 V4)<br />

(Signatures on Next Page)<br />

7

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