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Agreement - MeriUEverist - Lohmann Property <br />12. No Third Party Beneficiary Enforcement- It is expressly understood and agreed that <br />enforcement of the terms and conditions of this agreement, and all rights of actions relating to <br />such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in <br />this agreement shall give or allow claim or right of actions whatsoever by any other person not <br />included in this agreement. It is the express intention of the undersigned parties that any entity <br />other than the undersigned parties receiving services under this agreement shall be deemed an <br />incidental beneficiary only. <br />13. Modifications and Breach -This Agreement contains the entire agreement and <br />understanding between the parties to this agreement and supercedes any other agreements <br />concerning the subject matter of this transaction, whether oral or written. No modifications, <br />amendments, notations, renewals, or other alterations of or to this agreement shall be deemed <br />valid or to have any force or effect whatsoever, unless mutually agreed upon in writing by the <br />undersigned parties. No breach of any term, provision, or clause of this agreement shall be <br />deemed waived, or excused, unless such waiver or consent shall be in writing and signed by the <br />party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a <br />breach by any other party, whether expressed or implied, shall not constitute a consent to, <br />wavier of, excuse for any different or subsequent breach. <br />14. Force Majeure -The failure of either party to perform any of its respective obligations <br />hereunder by reason of acts of God, strike, acts of any governmental agency or authority having <br />jurisdiction over matters set forth herein, or any similar circumstances that are not reasonably <br />within the control of the nonperforming party shall excuse timely performance of such <br />obligations, but shall not excuse the performance of such obligations as soon as reasonably <br />practical. The parties may, however, mutually consent to or excuse a party from performing any <br />obligation, in whole or in part, upon a showing that performance has been rendered impracticable <br />by reason of Force Majeure. <br />15. By entering into this agreement, the parties do not intend, either expressly or implicitly, to <br />create a joint venture or partnership. Except as provided herein, neither party shall have the <br />right or authority to act for, or on behalf of, or to enter into any obligations, which are binding on <br />the other party to this agreement. <br />16. Notices -All notices to be given under this agreement shall be given in writing and delivered <br />in person, or mailed certified or registered U.S.Mail, or sent by a nationally recognized overnight <br />delivery service, to the party to receive such notice at the following addresses: <br />Merit Energy Company <br />12222 Merit Drive, Suite 1500 (Merit) <br />Dallas, TX 75251 <br />Merit Energy Company <br />1313 North Denver Avenue Building #3 (Merit) <br />Ft Lupton, CO 80621 <br />L.G. Everist, Inc. <br />7321 East 88th Avenue, Suite 200 (Everist) <br />Henderson, CO 80640 <br />AN notices shall be effective upon receipt by the party to receive such notice, or by the third <br />day following deposit of said notice in U.S. Mail, or the first day following deposit of said notice to <br />a nationally recognized overnight courier service, or upon the acknowledgment of refusal of <br />delivery of said notice. <br />L M/LO H-m e ritagre e me nt-2001 <br />~ .... <br />