Laserfiche WebLink
Optioree ac~no~:ledc~s end agrees Chet it has not <br />relied upon zny stater,.en*_, representation, creement <br />• or wz:rznty <r.cept such zs zre set cut in this <br />-.czeeme^*_. „~y anen~.:r•e~ts to or modifications of this <br />F.greeRe-~t shall ;,e in ti'Clting, ~iCnEd by t:'2 pdCtleS <br />hereto, znd neither the :'rust nor Optionee shall be <br />liable for any oral or implied Acreements, I <br />d) Construed Cover.znts and Severa5ility. F.1~1 of the <br />provisions of this F,oreement are to be cons rued as <br />covenants and agreements zs though tY~e ~~ords reporting <br />such covenants were used in each separate ragrzph <br />hereof, Should any provision of this Agreeme t be or <br />become invalid, void, illegal or not enforce ble, it <br />shall be considered sepacate and severable rom the <br />Agreement and the remaining provisions shall r main in <br />force and be binding upon the parties hereto a¢ though <br />such provisions had not been included. l <br /> e) h'aiver. No provision of this Agreement hall be <br /> deemed to have been waived by the Trust unl ss such <br /> waiver is in writing signed by the Trust. The Trust's <br /> waiver of a breach of any term or condition of this <br /> Agreement shall not prevent a subsequent ac which <br /> would have originally constituted a breac from <br /> ?:awing all the force and effect of any riginal <br /> breach. The Trust's receipt of payment hereon er with <br /> knowledge of a breach by Optionee of any erm or <br /> condition of this Agreement shall not be d erred a <br /> waiver of such breach. The Trust's failure to enforce <br /> against Optionee any of the provisions f this <br /> Agreement shall not be deemed a waiver of sa e. No <br /> payment by Optionee, or receipt by the Trus , of a <br /> lesser amount than that called for in this Ag Bement, <br /> nor shall any endorsement or statement on any heck or <br /> any letter accompanying any check, or paym nt, be <br /> deemed an accord and satisfaction, and th Trust <br /> accepts such check or payment without prejudice to the <br /> Trust's right to recover the balance of such payment <br /> or pursue any other remedy available to the Tru t. <br />f)' Successors Bound. Accept as o her wise <br />specifics y provide the covenants, term and <br />conditions contained in this Agreement shall a ply to <br />and bind the heirs, successors, exe utors, <br />administrators and assigns of the parties hereto <br />g) Attorney's Fees, If any action sh 11 be <br />instituted by either the Trust or Optionee or the <br />enforcement or interpretation of any of its ri hts or <br />remedies in or under this Agreement, the pre ailing <br />• <br />- 9 - <br />