02/12/2013AP - Laserfiche WebLink

Home Browse Search

33. Approvals. Incumbent shall be responsible for obtaining any permit, consent, approval, authorization, registration, or making any filing with any third party, governmental or regulatory authority or agency which is required in connection with the execution, delivery and performance of this Agreement. 34. Fees and Expenses. 34.1 The prevailing Party in any action or proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorney's fees and other reasonable enforcement costs and expenses from the non-prevailing Party. 34.2 Expenses and costs incurred in connection with the preparation of this Agreement, preparing and prosecuting any applications for governmental authorizations or approvals and all other expenses, except as provided herein, shall be borne solely by the Party who incurred such expenses and the other Party shall have no liability with respect thereto. 35. Fines. Any fines or other penalties incurred by either Party or its agents, employees or subcontractors for such Party's noncompliance with any laws, rules, regulations or ordinances shall not be reimbursed by the other Party but shall be the sole responsibility of the Party incurring such fines or penalties. 36. Further Documents and Information. At AT&T MOBILITY's request, Incumbent will provide AT&T MOBILITY with any documentation or information in its possession necessary for AT&T MOBILITY to obtain the participation of other licensees in a cost sharing arrangement including but not limited to information on the existing microwave system currently operated on the Licensed Frequencies such as information on the microwave radios (manufacturer, model number, and type), multiplex equipment (manufacturer, model number, quantity), antennas and waveguide (model number, type, length), pressurization equipment, and towers. Incumbent, at AT&T MOBILITY's request shall provide to AT&T MOBILITY information required by AT&T MOBILITY to comply with FCC and FCC-established clearinghouse rules and regulations. Each party shall, from time to time and as requested by the other, execute any documents reasonably necessary to effectuate the provisions of this Agreement. 37. Headings. Any headings contained herein are inserted for convenience and shall have no effect on interpretation or construction of this Agreement. 38. Counterparts. This Agreement may be signed in counterparts, each of which is an original for all purposes but all of which taken together constitute only one instrument. 39. Time of Essence. Time of performance is of the essence in this Agreement and a substantial and material term hereof. 40. Entirety. This Agreement and the Exhibits hereto constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding, written or verbal, between the Parties. Incumbent agrees that no representation of any negotiator, engineer, officer or employee of AT&T MOBILITY or its designee or any contractor or vendor engaged by AT&T MOBILITY or its designee shall .. operate to vary the written terms hereof. No prior course of dealing, usage of trade or course of 12 43