5.21 INNO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER
PARTY (OR TO ANY THIRD PARTY, WHETHER OR NOT CLAIMING THROUGH
THAT OTHER PARTY) FOR INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER).
5.22 Non-Appropriation. No provision of this Agreement shall be construed or
interpreted as creating a pledge of the faith and credit of the City within the meaning of
any Constitutional debt limitation. No provision of this Agreement shall be construed or
interpreted as creating a pledge of the faith and credit of the City within the meaning of
the, Constitution of the State of New Hampshire. This Agreement shall not directly or
indirectly or contingently obligate the City to make any payments beyond the amount
appropriated, if any, in the sole discretion of the City for any fiscal year in which this
Agreement shall be in effect. The City may at the end of any fiscal year terminate its
future installment payment obligations under this Agreement if the City has not
appropriated sufficient funds to make the next fiscal year's scheduled installment
payments; however, during each fiscal year, the City shall exercise its best efforts to
appropriate funds for installment payments due in the next fiscal year. No deficiency
judgment may be rendered against the City in any action for breach of a contractual
obligation under this Agreement and the taxing power of the City is not and may not be
pledged directly or indirectly to secure any moneys due under this Agreement. No
provision of this Agreement shall be construed to pledge or to create a lien on any class
or source of the City's moneys. To the extent of any conflict between this Section 5.22
and any other provision of this Agreement, this Section shall take priority.
5.23 Amendment. This Agreement shall not be modified or amended in any
respect except by a written instrument executed by the Parties.
5.24 Time of the Essence. Time is of the essence in this Agreement.
5.25 Survival. All representations, warranties and obligations of the Parties in
this Agreement shali survive the consummation or performance of the various
transactions contemplated in this Agreement for the respective terms necessary for each
of the Parties to realize the benefits contemplated by this Agreement and to enforce the
rights provided for in this Agreement.
5.26 Recitals and Exhibits. The Recitals of this Agreement and the Exhibits
attached hereto are integral and essential components of this Agreement.
5.27 Defined Terms. All capitalized terms in this Agreement shall have the
meaning ascribed to them in this Agreement, unless the context clearly indicates another
meaning. All terms not defined in this Agreement shall have the usual and customary
meaning ascribed to them and found in any modern English dictionary.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
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