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8.11 Assignment. Neither Party shall assign any rights or delegate any duties under this <br />Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, <br />Everside may assign this Agreement to a subsidiary or to an affiliated entity under common control <br />without Client's consent. <br />8.12 Waiver of Breach. The waiver by either Party of a breach or a violation of any <br />portion of this Agreement shall not operate as or be construed to be a waiver of any subsequent <br />breach of the same or other provision hereof. <br />8.13 Enforcement. In the event either Party resorts to legal action to enforce the terms <br />and provisions of this Agreement, the prevailing Party shall be entitled to recover the cost of such <br />action so incurred including, without limitation, reasonable attorney's fees. <br />8.14 Gender and Number. Whenever the context requires, the gender of all words shall <br />include the masculine and feminine, and the number of all words shall include the singular and <br />plural. <br />8.15 Additional Assurance. The provisions of this Agreement shall be self -operative <br />and shall not require further agreement by the Parries, except as may be provided herein <br />specifically to the contrary, provided, however, that each Party shall, at the request of the other, <br />execute such additional instruments and take such additional actions as may be necessary to <br />effectuate this Agreement. <br />8.16 Force Majeure. Neither Party shall be liable nor deemed to be in default for any <br />delay or failure in performance under this Agreement or other interruption of service or <br />employment deemed resulting directly or indirectly from acts of God, civil or military authority, <br />acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of <br />transportation, strikes or other work interruptions by either Party's employees or any similar or <br />dissimilar cause beyond the reasonable control of either Party. <br />8.17 Severability. In the event any provision of this Agreement is held to be <br />unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this <br />Agreement which shall remain in full force and, in fact, add enforceability according to its terms. <br />8.18 Article and Other Headings. The articles and other headings contained in this <br />Agreement are for reference purposes only and shall not affect, in any way, the meaning or <br />interpretation of this Agreement. <br />8.19 Amendments and Agreement Execution. This Agreement and any amendments <br />hereto shall be in writing and executed in multiple copies on behalf of Client by any official <br />specifically authorized by Client with respect to such execution and on behalf of Everside by <br />Christopher Miller or his designee. Each multiple copy shall be deemed an original but all multiple <br />copies together shall constitute one and the same instrument. <br />8.20 Entire Agreement. This Agreement supersedes all previous contracts and <br />constitutes the entire agreement between the Parties. Neither Party shall be entitled to benefits <br />other than those specified herein. No oral statements or prior written material, not specifically <br />incorporated herein, shall be of any force and effect, and no changes in or additions to this <br />?n?? F%m idc Ileallh. H.C. All right. rescncd. Coithdomal. <br />18 <br />