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The Parties acknowledge that they have been and are represented by attorneys regarding the terms of this Agreement, and have fully and adequately discussed the terms of the Agreement with their respective legal counsel. The Parties acknowledge that each of them fully understands this Agreement and its final and binding effect, and that each of them has freely and voluntarily entered into it, without coercion, duress, or undue influence.
This Agreement shall not be construed against any Party as the drafter. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and the illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement.
This Agreement shall be controlled and interpreted according to the laws of the State of Ohio. The Parties hereby consent to the exclusive jurisdiction of the courts of Franklin County in the State of Ohio or the federal courts in the State of Ohio having jurisdiction over Franklin County to the extent the federal courts otherwise have subject matter jurisdiction , and waive any contention that any such court is an improper venue.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements between the Parties concerning the subjects of this Agreement. The Parties to this Agreement each acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone acting on their behalf, which are not embodied in this Agreement, and that they have not executed this Agreement in reliance upon any such representation, inducement, promise, agreement, or warranty not contained in this Agreement.
No modification, waiver, or termination of this Agreement shall be valid and binding, unless executed in writing by all the Parties to this Agreement. This Agreement may be executed in several counterparts, including by facsimile, PDF or other electronic transmission, each of which taken together shall constitute the entire Agreement. The Parties agree to cooperate and exercise reasonable efforts to accomplish and implement all acts necessary to reasonably conclude this Agreement and the actions contemplated by it in good faith and will take no action that is inconsistent with full performance of this Agreement or any term thereof.
The undersigned affirmatively state that they are specifically authorized to enter into this Agreement on behalf of the Party for whom he or she is signing. Alexis Ann Jacobs. Sample Dated: February 28, Steven L. Whann Dated: February 28, Keith E. David Bynum. Tony Moorby. Name: Keith Whann. Its: Vice President. Its: Sole Member. Dated: February 28, Name: Steven L. Its: CEO. Acacia Chattanooga Vehicle Auction, Inc. Its: President. Form of Second Novation Agreement.
Form of Lease Termination Agreement. Form of Director Actions. Form of Shareholder Actions. Form of Consent by AA and Sample. Form of Further General Release. Form of Release by CAA. Form of 8-K. Forms of Entries of Release and Dismissal. The terms of the Agreement, including, but not limited to, AC's representations, warranties, covenants, agreements and indemnities relating to the Assets, are incorporated herein by this reference. AC hereby covenants that AC will do such further acts and execute and deliver all such transfers, assignments, conveyances, powers of attorney, and assurances requested by CAA, from time to time, for better conveying and confirming unto CAA the entire right, title and interest of AC in the Assets, the Licenses and AC's interest in the Trade Name hereby sold, transferred, assigned and conveyed to CAA.
It is understood that AC, contemporaneously with the execution and delivery of this Bill of Sale and Assignment of Intangible Assets, may be further executing other instruments of transfer, the purpose of which is to supplement, facilitate, or otherwise implement the transfers intended hereby.
Whann, President. Novation Agreement. The term "the contracts," as used in this Agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made between the Government and the Transferor before the effective date of this Agreement whether or not performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under these contracts and purchase orders.
Included in the term "the contracts" are also all modifications made under the terms and conditions of these contracts and purchase orders between the Government and the Transferee, on or after the effective date of this Agreement.
Such assets represent the entire portion of the assets involved in performing the contracts. The Transferee also assumes all obligations and liabilities of, and all claims against, the Transferor under the contracts as if the Transferee were the original party to the contracts. The Transferee by this Agreement becomes entitled to all rights, titles, and interests of the Transferor in and to the contracts as if the Transferee were the original party to the contracts.
Following the effective date of this Agreement, the term "Contractor," as used in the contracts, shall refer to the Transferee.
All payments and reimbursements made by the Government after the date of this Agreement in the name of or to the Transferor shall have the same force and effect as if made to the Transferee, and shall constitute a complete discharge of the Government's obligations under the contracts, to the extent of the amounts paid or reimbursed. The Transferor waives notice of, and consents to, any such future modification. Each party has executed this Agreement as of the day and year first above written.
United States of America,. Notary Public. My Commission Expires:. Landlord and Tenant entered into a certain lease dated December 26, , the " Lease " for a certain tract of real estate containing approximately fifty-six 56 acres of land in Hamilton County, Tennessee, and commonly known as Stein Drive , Chattanooga, Tennessee the " Premises ". Landlord and Tenant desire to terminate the Lease in accordance with the terms hereof.
Effective as of February 28, the " Effective Date " the Lease is hereby cancelled and terminated, and the same shall hereafter be null, void and of no further force and effect with respect to all matters arising thereunder from and after the Effective Date. Tenant shall have no liability or responsibility for rent under the Lease from and after March 1, The parties acknowledge and agree that, as of the Effective Date, Tenant shall quit and surrender the Premises, and the buildings and permanent improvements, trade fixtures, machinery, equipment, and leasehold improvements then thereon and all additions and alterations thereto the " Building and Improvements " , and the ownership to such Building and Improvements shall revert to Landlord and no further documentation shall be required to evidence such reversion.
The parties agree that the foregoing Termination shall have no effect on any liabilities or obligations arising under the Lease prior to the Effective Date. All such liabilities and obligations shall specifically survive the Effective Date, and Landlord and Tenant agree to indemnify and hold the other harmless on account of any liability to Landlord and Tenant arising as a result of the obligations or liabilities of the other under the Lease arising prior to the Effective Date.
Auction Venture Limited Liability Company,. Whann, Vice President. The foregoing instrument was acknowledged before me this 28th day of February, , by Keith E. Whann, Vice President of Auction Venture Limited Liability Company, an Ohio limited liability company, for and on behalf of said limited liability company. WHEREAS, pursuant to the terms of the Settlement Agreement, the Parties shall sign entries of release and dismissal substantially in the forms attached as Exhibit J to the Settlement Agreement so as to dismiss with prejudice all pending Litigation Proceedings and to release and discharge any judgments or judgment liens obtained in or as a result of the Litigation Proceedings the "Entries of Release and Dismissal" and together with the Bill of Sale, the Second Novation Agreement, the Lease Termination Agreement, the Further General Release, the Settlement Agreement and all other documents and agreements contemplated thereby, the " Transaction Documents " ; and.
FURTHER RESOLVED, that the officers and managers of the Corporation be, and each of them hereby is, authorized and directed, on behalf of the Corporation, to do or cause to take any and all other actions as they deem necessary or desirable in order to effectuate the intent of the foregoing resolutions; and.
Proof here, And here. She went to a lot of their small shows and did meet ups. Here, she dyed her hair ombre and took out her extensions after playing with her hair a lot and she said she regretted the ombre look. Proof here. She then joined watercolor band. Her style shifted and she changed her entire personality and tastes once again. They released one song, Stick Around which can be viewed on youtube.
She used her popularity and friends such as other bands to to get this song to 28 on itunes. Pretty impressive! She was writing with members of Mayday Parade for example and things seemed pretty good. Watercolor band went quiet for a while, though.
Here, as mentioned, her style has changed completely and she had multiple looks which led her to her hairstyle:. She claims to be friends with Michael Clifford and originally she showed interest in Luke. Her friendship with Lindsay Demeola ended but she has posted extremely conflicting statements about her friendships. Recently, Watercolor Band broke up.
The boys posted to instagram and twitter that it was because they shaved their heads and Acacia thought it was ugly. Many people believe this as she picked the band based on headshots so we know it was very looks-driven. By continuing to use this website you agree to our use of our cookies unless you have disabled them.
Chris Pearson. Fiona Millington.
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