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3. No Third Party Beneficiaries. This Agreement will not (i) entitle any party other <br /> than Assignor and Assignee to any claim, cause of action, remedy or right of any kind; (ii) ratify, <br /> revive or reinstate any claim or cause of action under any of the Lease which otherwise would <br /> have expired, terminated or been waived by passage of time; or (iii)provide any benefit to any <br /> third party under the Lease, it being the intent of the Assignor and Assignee that this Agreement <br /> will not be construed as a third party beneficiary contract. <br /> 4. Further Assurances. Each Party covenants and agrees to take such other action <br /> and to execute such additional instruments and documents as may be reasonably necessary or <br /> advisable to consummate the purposes contemplated by this Agreement. <br /> 5. GoverningLaw. This Agreement, and all claims or causes of action (whether in <br /> contract or in tort) that may be based upon, arise out of or relate to this Agreement, or the <br /> negotiation, execution or performance of this Agreement, shall be governed by the internal Laws <br /> of the State of Colorado, without regard to its choice of law principles. <br /> 6. Headings. The headings of the Sections of this Agreement are for guidance and <br /> convenience of reference only and shall not limit or otherwise affect any of the terms or <br /> provisions of this Agreement. <br /> 7. Exhibits. All Exhibits attached to this Agreement are hereby incorporated and <br /> made a part of this Agreement. <br /> 8. Severability. If any provision of this Agreement is held by a court of competent <br /> jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and enforced <br /> to the extent possible or modified in such a way as to make it enforceable, and the invalidity, <br /> illegality or unenforceability thereof shall not affect the validity, legality or enforceability of the <br /> remaining provisions of this Agreement. <br /> 9. Counterparts. This Agreement may be executed in any number of counterparts, <br /> each of which shall be deemed an original instrument, but all of which together shall constitute <br /> but one and the same instrument. Electronic and fax signatures shall be considered binding. <br /> [Signature Page Follows] <br /> -2- <br />