BENEFICIARY, TRUSTEE, OPTION HOLDER, LENDER OR
OTHERWISE, IN ANY COMPETING PROPERTY.
MANAGER ACKNOWLEDGES AND AGREES THAT
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THE FOREGOING COVENANT:
(A) IS A NECESSARY AND REASONABLE PROTECTION OF OWNER'S
INTEREST IN THE PROPERTY; (B) WILL NOT PREVENT MANAGER FROM EARNING A
LIVELIHOOD; AND (C) MAY BE ENFORCED BY INJUNCTION.
Article 16.
Miscellaneous
16.1
WORD MEANINGS.
WORDS SUCH AS "HEREIN," "HEREINAFTER," "HEREOF" AND
"HEREUNDER" WHEN USED IN REFERENCE TO THIS AGREEMENT, REFER TO THIS AGREEMENT AS
A WHOLE AND NOT MERELY TO A SUBDIVISION IN WHICH SUCH WORDS APPEAR, UNLESS THE
CONTEXT OTHERWISE REQUIRES.
THE SINGULAR SHALL INCLUDE THE PLURAL AND THE
MASCULINE GENDER SHALL INCLUDE THE FEMININE AND NEUTER, AND VICE VERSA, UNLESS
THE CONTEXT OTHERWISE REQUIRES.
THE WORD "INCLUDING" SHALL NOT BE RESTRICTIVE
AND SHALL BE INTERPRETED AS IF FOLLOWED BY THE WORDS "WITHOUT LIMITATION."
16.2
ASSIGNMENT.
WITHOUT OWNER'S PRIOR CONSENT, WHICH OWNER MAY
WITHHOLD IN ITS ABSOLUTE DISCRETION, MANAGER SHALL NOT TRANSFER, ASSIGN,
SUBCONTRACT OR DELEGATE ITS DUTIES UNDER THIS AGREEMENT, AND ANY ATTEMPTED
TRANSFER, ASSIGNMENT, SUBCONTRACT OR DELEGATION WITHOUT SUCH CONSENT SHALL BE OF
NO FORCE OR EFFECT.
THE SERVICES OF MANAGER HEREUNDER ARE PERSONAL IN NATURE.
16.3
BINDING PROVISIONS.
SUBJECT TO SECTION 16.2, THE COVENANTS AND
AGREEMENTS CONTAINED HEREIN SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF,
THE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF THE RESPECTIVE
PARTIES HERETO.
16.4
NONDISCRIMINATION.
MANAGER WILL NOT DISCRIMINATE AGAINST ANY
EMPLOYEE OR APPLICANT FOR EMPLOYMENT BY MANAGER ON THE BASIS OF RACE, CREED,
COLOR, AGE, SEX, MARTIAL STATUS, SEXUAL ORIENTATION, OR NATIONAL ORIGIN.
MANAGER WILL TAKE AFFIRMATIVE ACTION TO INSURE THAT APPLICANTS ARE EMPLOYED, AND
THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT REGARD TO THEIR RACE,
CREED, COLOR, AGE, SEX, MARTIAL STATUS, SEXUAL ORIENTATION, OR NATIONAL ORIGIN.
SUCH ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (I)
EMPLOYMENT, UPGRADING, DEMOTION OR TRANSFER; (II) RECRUITMENT OR RECRUITMENT
ADVERTISING; (III) LAYOFF OR TERMINATION; (IV) RATES OF PAY OR FORMS OF
COMPENSATION; AND (V) SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP.
MANAGER
AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR
EMPLOYMENT, NOTICES SETTING FORTH THE PROVISIONS OF THIS SECTION 16.4.
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16.5
APPLICABLE LAW.
THE INTERPRETATION, CONSTRUCTION AND
ENFORCEABILITY OF THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS
OF THE STATE IN WHICH THE PROPERTY IS LOCATED WITHOUT REGARD TO ANY CHOICE OF
LAW PRINCIPLES.
ANY LEGAL PROCEEDINGS ARISING OUT OF ANY OF THE TRANSACTIONS OR
OBLIGATIONS CONTEMPLATED BY THIS AGREEMENT MAY BE BROUGHT IN THE STATE COURTS OF
THE COMMONWEALTH OF MASSACHUSETTS OR THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MASSACHUSETTS.
THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY:
(A) SUBMIT TO THE JURISDICTION OF SUCH COURTS AND AGREE TO TAKE ANY AND ALL
FUTURE ACTION NECESSARY TO SUBMIT TO SUCH JURISDICTION; (B) WAIVE ANY OBJECTION
WHICH THEY MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUIT, ACTION OR
PROCEEDING BROUGHT IN SUCH COURTS; AND (C) WAIVE ANY CLAIM THAT ANY SUCH SUIT,
ACTION OR PROCEEDING BROUGHT IN