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(») N1&k2e . All notices and ot communicati under this Agreement <br />sha be in writing and delivered (i) personally. (ii) by registered or certified ma Nvith postage <br />prepaid. and return rece requested, or(iii)hX nationally recognized commercial uvom[ghU <br />courier service with charges prepaid, directed m the intended recipient using its respective <br />address provided in the introductory paragraph above. A notice nr other communication shall bo <br />deemed delivered on the earliest to occur of (I ) its actual receipt. (2) the lifth Business Day <br />k`||u*lng its deposit in registered orcertified mail. with pogugc prepaid and return receipt <br />requested, or (3) the first Business Day following its deposit xith a nationally recognized <br />commercial overnight courier service, with charges prepaid. Any Purty may change the uddr6 <br />to which notices and other communications hereunder can be delivered by giving the other notice <br />in the manner herein set forth. <br />(b) l�M. [hnaococsxhu| Party |n any Suit, action or proceeding brought m <br />enforce this Agreement shall be entitled to recover the costs. expenses and fees incurred in any <br />such suit. action or proceeding. including atmmeym' fees and expenses. <br />M Entire Agmcment, This Agreement (including the Exhibit attached <br />hereto) constitutes the entire understand between the Parties xiU` respect m the ,vh�jcumatte <br />hereof and supersedes all negotiations, prior discussions or prior agreements. Nn^,p,rmzntatk`n. <br />warranty. covenant. agreement, promise. inducement o, statement, whether oral or written. has <br />been made by a Party that is not set forth in this Agreement. and no Party shal I he bound by or <br />liable |oruny alleged ,rpn,xcotadnn, °nnaoty. covenant, agreement. promise. inducement or <br />statement not uvset 6»rth. <br />(d) Amendment and Waiver. This Agreement may not hc altered n,amended. <br />nor any rights hereunder be wai"red. except by an instrument in writing and executed by the Party <br />or Parties tnbn charged with such amendment nrwaiver. Nu waiver of any term. pmrini^uor <br />condition of this &Wvncmunt shall bc deemed m be. or construed as. u further vrcontinuing <br />waiver ofany such term. provision o, condition, n,uxu*uivo,o[any other term. provision or <br />condition hereof. <br />(») |Fu^ypm'ixinn o|'tNx Agreement i, invalid vr <br />unenforceable in unyjuriyd[v'iun. such provision uhai| hefb|>v severable from this Agreement <br />and the other provisions hereof shall remain in h/|i force and oOex(n such jurisdiction and the <br />remaining provisions hcrcofshall be liberally construed to carry out the provisions and intent <br />hereof, provided, i[ any one u, more u[thc provisions contained in this Agreement shall he <br />determined or held to hc invalid or unenforceable because such prox ision is overly broad as to <br />duration, geographic scope. activity. subject or othcrwisc, such pr shal I be deemed <br />amended by limiting and reducing it to the minimurn extent necessary to make such provision <br />valid and cnk`moab]e. The invalidity nrununthrcrabQityoy any provision nt'thinAgreement in <br />any Jurisdiction shall not affect the validity or enf'orecability ol'such provision in any other <br />jurisdiction. nor shall the invalidity orumcuK/rccobJit! of any provision o|'this Agreement xith <br />respect to any person or entitN affect the validit or enforceability ol'such provision with respec <br />tu any other person o,entity. <br />(D Relationship of Parties. K is not the intention ufthc Parties m create. nor <br />shall this Agreement be construed as creating, a partnership. joint venture. agency relationship- <br />a 14994�9^&-a <br />