Southtowns Record

Village Board agenda — May 4, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
May 4, 2026
Kind
Agenda
Topics
Water, sewer and drainage, Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Audits and oversight, Moratoriums, Energy and data center siting, Short-term rentals, Housing

Original document

Same meeting

Text · page 206 of 240

Read the whole document on one page (all 240 pages, each with its own heading)

and Engineer agree to par cipate in the media on process in good faith and to share the
  cost of the media on equally. The process shall be conducted on a confiden al basis and
  shall be completed within 150 days of the date of no ce by either party of the existence of
  the dispute. If such media on is unsuccessful in resolving a Dispute, then (either party may
  seek to have the Dispute resolved by a court of competent jurisdic on.

11. Jurisdic on and Venue

  This agreement shall be construed pursuant to the laws of the State of New York with
  venue in the County of Erie.

12. Assignment

  Neither Village nor Engineer may assign, sublet, or transfer any rights under or interest
  (including, but without limita on, moneys that are due or may become due) in this
  Agreement without the wri en consent of the other, except to the extent that any
  assignment, suble ng, or transfer is mandated or restricted by law. Unless specifically
  stated to the contrary in any wri en consent to an assignment, no assignment will release
  or discharge the assignor from any duty or responsibility under this Agreement. This
  provision shall not preclude Engineer from retaining Subcontractors as it deems reasonably
  necessary for the comple on of the services rendered hereunder.

13. Termination

  This Agreement may be terminated by either party upon thirty (30) days written notice to
  the other party.

14. Third Party Beneficiary

  Nothing contained in this Agreement shall create a contractual rela onship with or a cause
  of ac on in favor of any third party against the Engineer.

15. Waiver

  Non-enforcement of any provisions by either party shall not cons tute a waiver of that
  provision, nor shall it affect the enforceability of that provision or of the remainder of this
  Agreement.

  Page 8
V. E. Aurora-B&L MSA FY 2026-27 (ID 3593336).docx