Laserfiche WebLink
or in equity. In addition, Licensee shall be in default if it does any of the following: (a) files a <br /> petition in bankruptcy or is adjudicated bankrupt; (b) files a petition in reorganization under the <br /> provisions of the federal or state bankruptcy laws; (c)becomes or is declared insolvent; (d) a <br /> receiver of all or substantially all of the property of Licensee is appointed and not removed <br /> within thirty(30) days; or(e)makes a general assignment for the benefit of its creditors. <br /> 10. Waiver. Should one or more covenants or conditions be waived by the Licensor, such <br /> waiver shall not be deemed to waive or render unnecessary the consent or approval of the <br /> Licensor to or of any subsequent similar act by The Licensee. <br /> 11. Non-Exclusive Use. The Licensee understands that the license granted by this Agreement <br /> is not exclusive. The Licensee also understands and acknowledges that the Licensor intends to <br /> oversee and monitor the Licensee's activities on the Property from time to time throughout the <br /> term of this license. The Licensor will use reasonable efforts not to interfere with Licensee's <br /> activities during such monitoring activities. <br /> 12. Choice of LawNenue/Fees. This Agreement shall be governed by the laws of the state of <br /> Utah, and it shall be governed in all respects by the laws of that state. Any action arising out of <br /> this Agreement shall be exclusively brought in the Fifth District Court in and for Washington <br /> County,Utah and Licensee agrees to waive any right to argue that there is more appropriate <br /> venue or forum than that delineated in this Section. In the event of a dispute arising out of this <br /> agreement, the breaching party shall pay all costs and expenses that are incurred by the non- <br /> breaching party(including,but not limited to,reasonable attorneys' fees)whether such costs and <br /> expenses are incurred with or without suit or before or after judgment. <br /> 13. Confidentiality. The Parties agree to keep this Agreement, and the terms thereof strictly <br /> confidential, except to the extent disclosure is necessary to a Party's legal or accounting <br /> professionals, and further, except as a Party reasonably believes disclosure is required by law. <br /> Licensee need not and is prohibited from disclosing to its customers who purchase Product that <br /> the Property is owned by Licensor. <br /> 14. Miscellaneous.Neither party to this Agreement is in any sense to be regarded as the <br /> principal or agent, franchisor or franchisee, or employer or employee, of the other party. This <br /> Agreement shall be binding upon and inure to the benefit of the parties named herein and their <br /> respective heirs, successors, permitted assigns and legal representatives. Licensee represents, <br /> warrants and covenants to Licensor that it shall, at all times during the term of this Agreement, <br /> comply with all laws,rules,regulations and standards applicable to the production,marketing, <br /> distribution, sale, and use of Product from the Property. No amendment or waiver of any <br /> provision of this Agreement shall be effective, unless the same shall be in writing and signed by <br /> the parties hereto, and then such amendment,waiver or consent shall be effective only in the <br /> -4- <br />