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Either party's failure to exercise a right available to it by reason of the other party's breach shall be <br /> taken as an isolated instance and shall not be deemed to be a permanent waiver of such right. <br /> Notice <br /> All notices, requests and other communications permitted or required under this Agreement must be <br /> in writing, and shall be delivered as follows with notice deemed given as indicated: (i) by personal <br /> delivery upon such personal delivery; (ii) if by nationally recognized courier or mail service with real- <br /> time or near-real-time tracking, when the courier or mail service's tracking system indicates that the <br /> notice was delivered to the recipient's premises. All notices for both parties shall be sent to the <br /> addresses set forth in this Agreement. <br /> Force Majeure <br /> Neither party shall be liable by reason of any failure or delay in the performance of its obligations <br /> hereunder on account of strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes, <br /> acts of God, war, governmental action, or any other similar cause, which is beyond the reasonable <br /> control of such party. If any force majeure event occurs,the party delayed or unable to perform shall <br /> give immediate notice to the other party. <br /> No Assignment <br /> This Agreement shall be binding upon the parties' respective successors and permitted assigns. <br /> Neither party may assign this Agreement, or any of its rights and obligations, without the written <br /> consent of the other party, which is not to be unreasonably withheld. Any internal corporate <br /> reorganization by Licensee that does not involve any entity other than Licensee which results in a <br /> change of name or form of legal organization of Licensee ("Reorganization") shall not be considered <br /> an assignment hereunder, and Licensee may engage in such Reorganization without the consent of <br /> ATIMS and without affecting its rights and obligations under this Agreement. <br /> Licensee acknowledges and agrees that any reorganization of ATIMS that results in a change of name <br /> or ownership shall not be considered an assignment for purposes of this Agreement. In the event of <br /> the occurrence of such an event,the Licensee shall receive Services of a quality no less than Licensee <br /> received prior to the change of name or ownership. <br /> Entire Agreement <br /> This Agreement, and its appendices, set forth the entire understanding between the parties hereto <br /> and supersede all prior agreements, arrangements, and communications, whether oral or written, <br /> with respect to the subject matter hereof. No other agreements, whether oral or written, shall be <br /> deemed to bind the parties hereto with respect to the subject matter hereof. <br /> This Agreement may not be modified or amended except by the mutual written agreement of the <br /> parties. However,Appendix A may be changed to reflect additional product coverage as the Licensee <br /> may add to the Solution or implemented additional Solutions. Appendix A may change annually as <br /> ATIMS holidays and relevant dates may change every year, <br /> Al NI'1 ��fi7C;.'.ai()7liii "'Or` ice auld-ii1pport 20''.' 1 page 10Y of 1.`.1 <br /> 50 recta ,gin `, <br />