2005-074 - Laserfiche WebLink

Home Browse Search

The headings of the various paragraphs in this Agreement are inserted for the convenience of the parties and shall not affect the meaning, construction, or interpretation of this Agreement. Any provision of this Agreement which is determined by a court of competent jurisdiction to be prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction , be ineffective to the extent of such prohibition, unenforceability or non - authorization without invalidating the remaining provisions hereof or affecting the validity, enforceability or legality of such provision in any other jurisdiction . In any such case , such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect . If any provision or term of this Agreement is susceptible to two or more constructions or interpretations , one or more of which would render the provision or term void or unenforceable, the parties agree that a construction or interpretation which renders the term or provision valid shall be favored . d . This Agreement constitutes the entire Agreement, and supersedes all prior agreements and understandings , oral and written among the parties to this Agreement with respect to the subject matter hereof. e . (i) If, within ten ( 10) days after demand to comply with the obligations of one of the parties to this Agreement served in writing on the other, compliance or reasonable assurance of compliance is not forthcoming, and the other party takes steps to enforce rights under this Agreement pursuant to paragraph 7 or otherwise, the prevailing party in any action shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys ' and legal assistants ' fees before and at trial , on appeal , or otherwise . ) (ii ) If any monies shall be due either of the parties to this Agreement hereunder and shall not be paid within thirty (30) days from the due date of such payment, interest shall accrue on such unpaid amount at the rate of 1 % per month in accordance with the Florida Prompt Payment Act - F . S . 218 . 70-79 . f. This Agreement shall be binding upon and inure to the benefit of the successors in interest and assigns of the parties . g . The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents , agreements, or instruments and shall cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement . h . This Agreement may be executed in any number of counterparts , each of which shall be considered an original , but all of which together shall constitute one and the same instrument and shall become effective when each of the parties has executed at least one of the counterparts even if all the parties have not executed the same counterpart .