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arena lease and management agreement city of glendale, arizona ...

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SUBSTANTIAL FINAL DRAFT 11/27/12 12:35<br />

portion or amount <strong>of</strong> the Management Fee shall be invalid (or avoided or recovered pursuant to A.R.S. §<br />

44-1007).<br />

24.5 Binding Effect.. Except as may otherwise be provided herein to the contrary, this<br />

Agreement <strong>and</strong> each <strong>of</strong> the provisions here<strong>of</strong> shall be binding upon <strong>and</strong> inure to the benefit <strong>of</strong> the parties,<br />

<strong>and</strong> their respective permitted successors <strong>and</strong> assigns.<br />

24.6 Relationship <strong>of</strong> Parties.. No partnership or joint venture is established between or among<br />

the parties under this Agreement, or any other <strong>agreement</strong> referred to in this Agreement. Neither the Team<br />

Owner nor the Arena Manager, nor any <strong>of</strong> their respective Affiliates, employees, agents, contractors nor<br />

guests, shall be considered agents or employees <strong>of</strong> the City or to have been authorized to incur any<br />

expense on behalf <strong>of</strong> the City or to act for or to bind the City.<br />

24.7 Notices..<br />

24.7.1 All notices, dem<strong>and</strong>s, disclosures, acknowledgments, consents, approvals,<br />

statements, requests, responses <strong>and</strong> invoices to be given under this Agreement shall be in writing, signed<br />

by the party or <strong>of</strong>ficer, agent or attorney <strong>of</strong> the party giving such notice, dem<strong>and</strong>, disclosure,<br />

acknowledgment, consent, approval, statement, request, response, or invoice, <strong>and</strong> shall be deemed<br />

effective (i) upon receipt if h<strong>and</strong> delivered or sent by overnight courier service; or (ii) upon delivery or the<br />

date <strong>of</strong> refusal if sent by the United States mail, postage prepaid, certified mail, return receipt requested,<br />

in either case addressed as follows:<br />

75

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