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a. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS <br />AGREEMENT. <br /> <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 specifically so <br />adjudicated to be invalid shall be executed without reference to the pan or portion so adjudicated, <br />insofar as such remaining provisions are capable of execution. <br /> <br /> c. The headings of the paragraph and subparagraphs of this agreement are for <br />convenience and reference only, and do not form a part hereof and in no way interpret or construe <br />such paragraphs and subparagraphs. <br /> <br /> d. Words of pronoun shall be interchangeable with respect to gender and singular or <br />plural as the context of application requires. If two or more parties are referred to collectively <br />under designation, the liability of each shall be joint and several. <br /> <br /> e. Each of the parties shall execute any and all instructions, releases, assignments <br />and consents which may be reasonably required in order, to carry out the provisions of this <br />agreement. <br /> <br /> f. This Agreement may be executed in any number of counterparts, each of which <br />shall be deemed to be an original, but all of which shall coiastitute one and the same instrument. <br /> <br /> Nothing herein shall be construed in such a manner so as to constitute one party <br />to be an agent or representative of the other and neither shall not hold itself out as such. <br /> <br /> h. Neither party shall make any warranty or representation, or incur any obligation, <br />liability or indebtedness on behalf of the other. <br /> <br /> i. No amendment, modification or waiver of any condition, provision or term of <br />this Agreement shall be valid or of any effect unless made in writing, signed by the part'/ or <br />parties to be bound or its duly authorized representative and specifying with particularity the <br />extent and nature of 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 any subsequent default. <br /> <br /> j. This Agreement contains the entire understanding of the parties hereto in respect <br />to the transactions contemplated hereby and supersedes all prior agreements and understandings <br />between the parties with respect to such subject matter. Neither party hereto has relied upon any <br />agreements, promises, representations, undertaking or warranties not set forth in this Agreement <br />(whether oral, implied, or otherwise). There have not been, and are, no agreements, covenants, <br />representations, restrictions, understandings or warranties between the parties with regard thereto, <br />other than those set forth or provided for herein. <br /> <br />SIGNATURE PAGE TO FOLLOW <br /> <br />7 <br /> -363- <br /> <br /> <br />