2026-02-01-R - Laserfiche WebLink

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shall not be grounds for B WU's refusal to either extend the current agreement or enter into negotiations for a new agreement provided that Cushman complies with all of the other terms of this agreement. 9. That this agreement and all other subsequent agreements related to the indebtedness and supplying of water to the City of Cushman by the BWU are subject to approval by the Batesville city council and the city of Cushman for the ratification of said agreement. 10. Arkansas law shall apply to this agreement, and Arkansas law shall be used to construe its terms in any legal or arbitration proceeding or other dispute arising herefrom or in any way related hereto. 11. The parties agree that the sole venue and forum for any lawsuit arising from this agreement and/or the debt(s) and/or obligation(s) incurred hereunder by either parry shall be the Circuit Court of Independence County,Arkansas. 12. This agreement may not be modified verbally. Modification hereof may only be achieved by execution of a written modification signed by both parties. 13. The parties acknowledge that this Agreement is reasonable,valid, and enforceable; however, if any part of this Agreement is held by a court of competent jurisdiction to be invalid, it is the intent of the parties that such provision be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected or invalidated as a result. 14. This Agreement contains all terms and conditions agreed to by the Parties. Statements or representations which may have been made by any Party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to either Party. Only the written terms of this Agreement will bind the Parties.