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pursuant to Section 32. Upon termination, all prepaid License Fees shall be <br /> retained by LICENSOR, unless termination is pursuant to (ii)above or(iii) above. <br /> C. Termination by LICENSOR: LICENSOR may terminate this Agreement by <br /> written notice to LICENSEE if LICENSEE fails to cure a default pursuant to <br /> Section 32. Upon termination for this reason, all prepaid License Fees shall be <br /> retained by LICENSOR. <br /> 39. MISCELLANEOUS PROVISIONS. <br /> A. Each undersigned represents and warrants that its signature herein below has the <br /> power, authority and right to bind their respective Parties to the terms of this <br /> Agreement, and each Party shall indemnify the other fully, including reasonable <br /> costs and attorney's fees, for any injuries or damages incurred in the event that <br /> such authority or power is not, in act, held by the signatory or is withdrawn. <br /> B. The Parties agree that LICENSOR has entered into this Agreement in its <br /> proprietary capacity as owner of the Premises and not in any regulatory capacity. <br /> C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br /> set forth in the body of this Agreement. <br /> D. In the event of any conflict of inconsistency between the terms and condition in <br /> this Agreement and any terms or conditions set forth in any Exhibit, purchase <br /> order, or other document relating to the transactions contemplated by this <br /> Agreement, the terms and conditions set forth in this Agreement shall prevail. <br /> [Signature Page Follows] <br /> Page 19 of 103 <br />