Laserfiche WebLink
ARTICLE X. <br />NUSCELLANEOUS <br />10.1 Assignment No Party hereto shall assign this Agreement or any part hereof <br />without the prior written consent of the other Party; provided, however, any Party may assign its <br />right to receive a payment entitled to be received by it pursuant to this Agreement by providing <br />written notice of such assignment to the other Party; provided, further, however, that the Buyer <br />may, without the prior written consent of the Seller or the Individuals, assign all or part of its <br />rights under this Agreement to any one or more of its Affiliates prior to the Closing. Subject to <br />the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties hereto <br />and their respective permitted successors and assigns. <br />10.2 No Third -Party Beneficiaries. This Agreement is for the sole benefit of the <br />Parties hereto and their permitted assigns and nothing herein expressed or implied shall give or <br />be construed to give to any Person, other than the Parties hereto and such assigns, any legal or <br />equitable rights hereunder. This Agreement contains representations and warranties that the <br />Parties hereto have made to and solely for the benefit of each other. <br />10.3 Enenses. Whether or not the Transactions are consummated, all costs and <br />expenses incurred in connection with the Transaction Documents and the Transactions shall be <br />paid by the Party incurring such costs or expenses. <br />10.4 Amendments. No amendment to or modification of this Agreement shall be <br />effective unless it shall be in writing and signed by the Buyer on the one hand or the Seller or <br />any of the Individuals, on the other hand. <br />10.5 Notices. All notices and other communications hereunder shall be in writing and <br />shall be deemed given (a) on the date of delivery if delivered personally; (b) on the date of <br />transmission if sent via facsimile or electronic mail transmission to the facsimile number or <br />electronic mail address given below (with confirmation of such transmission by the recipient) if <br />sent during normal business hours of the recipient, and on the next Business Day if sent after <br />normal business hours of the recipient; (c) on the date after delivery to a reputable nationally <br />recognized overnight courier service; or (d) three (3) days after being mailed by registered or <br />certified mail (return receipt requested) to the Parties at the following addresses (or at such other <br />address for a Party as shall be specified by like notice): <br />(i) If to the Buyer, to: <br />Sand Acquisition Holdings, LLC <br />3033 E. 1 st Street, Suite 837 <br />Denver, CO 80206 <br />Attention: Legal Notices <br />E-mail: legal@thoroughbredlp.com <br />With a required copy (which shall not constitute the required notice) to: <br />Holland & Hart LLP <br />35 <br />