Laserfiche WebLink
<br />1/6/06 DO NOT RECORD <br /> <br />Section 6.05 Waiver of Breach <br /> <br />The waiver by Licensor of any breach by Licensee of any ofthe provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Licensee either ofthe same or another provision ofthis Agreement. <br /> <br />ARTICLE 7 -HAZARDOUS MATERIALS <br /> <br />Section 7.01 <br /> <br />At the time of execution ofthis License, Licensor warrants that the License Area is clean <br />and contains no known hazardous materials. Licensee represents and warrants that it will <br />comply with all applicable environmental laws during the term of this License; its use of <br />the License Area herein will not generate any hazardous substance, and it will not store or <br />dispose on the License Area nor transport to or over the License Area any hazardous <br />substance except for ordinary use of cleaning products or for business related machines. <br />Licensee further agrees to clean-up and remediate any hazardous substance on the <br />License Area placed or brought there by Licensee, and hold Licensor harmless from and <br />indemnify Licensor against any release of any such hazardous substance and any damage, <br />loss, or expense or liability resulting from such release including all attorneys' fees, costs <br />and penalties incurred as a result thereof except any release caused by the negligence of <br />Licensor, its employees or agents. "Hazardous substance" shall be interpreted broadly to <br />mean any substance or material defined or designated as hazardous or toxic waste, <br />hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar <br />term by any federal, state or local environmental law, regulation or rule presently in <br />effect or promulgated in the future, as such laws, regulations or rules may be amended <br />from time to time; and it shall be interpreted to include, but not be limited to, any <br />substance which after release into the environment will or may reasonably be anticipated <br />to cause sickness, death or disease. <br /> <br />ARTICLE 8 - MISCELLANEOUS <br /> <br />Section 8.01 Force Majeure - Unavoidable Delays <br /> <br />Should the performance of any act required by this Agreement to be performed by either <br />Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, <br />labor troubles, inability to secure materials, restrictive governmental laws or regulations, <br />or any other cause except financial inability not the fault of the party required to perform <br />the act, the time for performance of the act will be extended for a period equivalent to the <br />period of delay, and performance of the act during the period of delay will be excused, <br />provided, however, that nothing contained in this section shall excuse the prompt <br />payment of compensation by Licensee as required by this Agreement or the performance <br />of any act rendered difficult solely because of the financial condition of the party, <br />Licensor or Licensee, required to perform the act. <br /> <br />7 <br />