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<br />All amendments to this Agreement shalt be made only with the written consent of at three <br />of the Members. <br /> <br />9.02. Notices. <br /> <br />All notices hereunder (i) shall be detivered by hand, sent by nationally recognized <br />overnight carrier or sent by -confirmed facsimile transmission addressed to the Members at their <br />respective addresses of which the company has I1eretofote been advised (except that any <br />Member may from time to tine give notice dlanging his address for that purpose), and (ii) shall be <br />effective on the first day after mailing or upon receipt as evidenced by camer confirmations. <br /> <br />9.03. Entire Agreement <br /> <br />This Agreement constitutes the entire agreement among the parties hereto with respect to <br />the subject matter hereof, and supersedes any prior agreement or understanding among the <br />parties hereto with respect to the subject matter hereof. <br /> <br />9.04. Governing Law. <br /> <br />This Agreement shaD be oonstJued in aocoRIance with and governed by the laws of the <br />State of Colorado and any disputes between the Members or the Members with the Company <br />shall be resolved in the Washington County. Colorado District Court. Notwithstanding any <br />adjudication of fault, no costs and attorney fees shall be awarded to the "prevailing" party. <br /> <br />9.05. Binding Effect. <br /> <br />Except as provided othelWise herein, this Agreement shan be binding upon and shall inure <br />to the benefit of the parties hereto and their respective legal representatives, heirs, successors <br />and assigns. <br /> <br />1.06. Counterparts. <br /> <br />This Agreement maybe executed either directly or by an attorney-in-fact, in any number of <br />counterparts of the signature pages, each of which shall be considered an original. Facsimile <br />signatures and Email signatures shall be, for all purposes, original signatures; however, any <br />Member may request a signed copy of this Operating Agreement (and any subsequent <br />amendments thereto) from any other Member and the Company shall endeavor to have executed <br />completely signed and executed with individual signatures a complete set of aU agreements for all <br />Members. <br /> <br />9.07. Severability. <br /> <br />Any provision of this Agrooment that is prohibited or unenforceable in any jurisdiction shall, <br />as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without <br /> <br />-13- <br />