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33 . Approvals . Incumbent shall be responsible for obtaining any permit, consent, approval , <br /> authorization, registration, or making any filing with any third party , governmental or <br /> regulatory authority or agency which is required in connection with the execution, delivery and <br /> performance of this Agreement. <br /> 34. Fees and Expenses. <br /> 34. 1 The prevailing Party in any action or proceeding to enforce the terms of this Agreement is <br /> entitled to receive its reasonable attorney' s fees and other reasonable enforcement costs <br /> and expenses from the non-prevailing Party. <br /> 34. 2 Expenses and costs incurred in connection with the preparation of this Agreement, <br /> preparing and prosecuting any applications for governmental authorizations or approvals <br /> and all other expenses, except as provided herein, shall be borne solely by the Party who <br /> incurred such expenses and the other Party shall have no liability with respect thereto . <br /> 35 . Fines . Any fines or other penalties incurred by either Party or its agents, employees or <br /> subcontractors for such Party' s noncompliance with any laws , rules , regulations or ordinances <br /> shall not be reimbursed by the other Party but shall be the sole responsibility of the Party <br /> incurring such fines or penalties . <br /> 36 . Further Documents and Information. At AT&T MOBILITY ' s request, Incumbent will provide <br /> AT&T MOBILITY with any documentation or information in its possession necessary for <br /> AT&T MOBILITY to obtain the participation of other licensees in a cost sharing arrangement <br /> including but not limited to information on the existing microwave system currently operated <br /> on the Licensed Frequencies such as information on the microwave radios (manufacturer, <br /> model number, and type) , multiplex equipment (manufacturer, model number, quantity) , <br /> antennas and waveguide (model number, type, length) , pressurization equipment, and towers . <br /> Incumbent, at AT&T MOBILITY ' s request shall provide to AT&T MOBILITY information <br /> required by AT&T MOBILITY to comply with FCC and FCC-established clearinghouse rules <br /> and regulations . Each party shall, from time to time and as requested by the other, execute any <br /> documents reasonably necessary to effectuate the provisions of this Agreement. <br /> 37 . Headings . Any headings contained herein are inserted for convenience and shall have no effect <br /> on interpretation or construction of this Agreement. <br /> 38 . Counterparts . This Agreement may be signed in counterparts , each of which is an original for <br /> all purposes but all of which taken together constitute only one instrument. <br /> 39 . Time of Essence. Time of performance is of the essence in this Agreement and a substantial and <br /> material term hereof. <br /> 40. Entirety. : This Agreement and the Exhibits hereto constitutes the entire Agreement between the <br /> Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous <br /> agreement or understanding, written or verbal, between the Parties . Incumbent agrees that no <br /> representation of any negotiator, engineer, officer or employee of AT&T MOBILITY or its <br /> designee or any contractor or vendor engaged by AT&T MOBILITY or its designee shall <br /> operate to vary the written terms hereof. No prior course of dealing, usage of trade or course of <br /> 12 <br />