Agenda - Council - 03/24/2015 - Laserfiche WebLink

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Section 14.9 Time is of the Essence. Developer's and Borrower's timely performance of their obligations under this Agreement is an essential term of this Agreement. Section 14.10 Enforceability. If any provision of this Agreement is adjudged to be invalid or unenforceable by a court of competent jurisdiction, this Agreement should be construed as if such invalid or unenforceable provision had not been inserted herein and should not affect the validity or enforceability of the remainder of this Agreement. Section 14.11 No Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is intended to confirm any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns. Section 14.12 Termination. This Agreement shall terminate and be of no further force and effect as of the Termination Date. Section 14.13 Business Days. If the date this Agreement establishes for a party's performance of an obligation or delivery of a notice is not a Business Day, the date for such performance or for the delivery of such notice is automatically extended to the next Business Day. Section 14.14 Agreement to Pay Attorney's Fees and Expenses. Whenever a party defaults in the performance of the party's obligations under this Agreement and one or both of the other parties to this Agreement employs one or more attorneys to advise and represent it in connection with such default or incurs other expenses in connection with or as a result of the default, the defaulting party must, upon demand therefore, reimburse the non -defaulting parties their reasonable fees of such attorneys and such other reasonable expenses as the non -defaulting parties may incur. 26 2695614v16