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said date this Agreement will be null and void and all earnest money paid <br />hereunder shall be returned to BUYER. <br />22. MISCELLANEOUS. <br />a. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS <br />AGREEMENT. <br />b. If any part of this Agreement or any part or any provision thereof shall be <br />adjudicated to be void or invalid, then the remaining provisions hereof not <br />specifically so adjudicated to be invalid shall be executed ,without <br />reference to the part or portion so adjudicated, insofar as such remaining <br />provisions are capable of execution <br />c. The headings of the paragraph and subparagraphs of this Agreement are <br />for convenience and reference only, and do not form a part hereof and in <br />no way interpret or construe such paragraphs and subparagraphs. <br />d. Words of pronoun shall be .interchangeable with .respect to gender and <br />singular or plural as the context of application requires. If two or more <br />parties are referred to collectively under designation, the liability of each <br />shall be j oint and several. <br />e. Each of the parties shall execute any and all instructions, releases, <br />assignments and consents which may be reasonably required in order to <br />carry out the provisions of this Agreement. <br />f. This Agreement may be executed in any number of counterparts, each of <br />which shall be deemed to be an original, but all of which shall constitute <br />one and the same instrument. <br />g. Nothing herein shall be construed in such a manner so as to constitute one <br />party to be an agent or representative of the other and neither shall hold <br />itself out as such. <br />h. Neither party shall make any warranty or representation, or incur any <br />obligation, liability or indebtedness on behalf of the other. <br />i. No amendment, modification or waiver of any condition, provision or <br />term of this Agreement shall be valid or of any effect unless made in <br />writing, signed by the party or parties to be bound or its duly authorized <br />representative .and specifying with particularity the extent and. nature of <br />such amendment, modification or waiver. Any waiver by any party of any <br />default of another party shall not affect or impair any right arising from <br />any subsequent default. <br />9 -37- <br />