Reso 2024-3733 - Laserfiche WebLink

Home Browse Search

a.If to Winning Supplier:and with copy to: Winning SupplierCompany Name Attn: Name, TitleAttn: Name, Title Street Address 1Street Address 1 Street Address 2Street Address 2 City, State ZipCity, State Zip b.If to EQUALIS: Equalis Group LLC Attn: Eric Merkle, SVP 5550 Granite Parkway, Suite 298 Plano, Texas 75024 3.7.Waiver. Other than the rights and obligations with respect to payment provided by this Agreement, waiver by either Party of or the failure of either Party hereto to enforce at any time its rights with regard to any breach or failure to comply with any provision of this Agreement by the other Party may not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other future breach of or failure to comply with the same provision orany other provision of this Agreement. 3.8.Governing Law; Invalidity. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Ohio without regard to rules of conflict of laws. If any provision of this Agreement is declared unlawful or unenforceable by judicial determination or performance, then the remainder of this Agreement shall continue in force as if the invalidated provision did not exist. Any suits filed by either Party pursuant to this Agreement shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio. In the event either Party initiates a suit,and that suit is adjudicated by a court of competent jurisdiction, the prevailing Party shall be entitled to reasonable attorne-prevailing Party in addition to any other relief to which the court determines the prevailing Party is entitled or awarded. 3.9.Modification. No release, discharge, abandonment, waiver, alteration, or modification of any of theprovisions of this Agreement, or any of the Appendices incorporated herein, shall be binding upon either Party unless set forth in a writing signed by authorized representatives of the Parties. 3.10.Assignment. This Agreement and the rights and obligations hereunder may not be assignable by either Party hereto without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that either Party may assign its respective rights and obligations under this Agreement without the consent of the other Party in the event either Party shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sale to, or a transfer of all or substantially all of its properties or assets to another entity.Subject tothe preceding sentence, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Any instrument purporting to make an assignment in violation of this section shall be null and void. This Agreement may be extended to additional entities affiliated with either Party upon the agreement of the otherParty. No such extension will relieve the extending Party of its rights and obligations under this Agreement. 3.11.No Third-Party Beneficiaries; Survival of Representations. This Agreement is made solely for the benefit of the Parties to it, and no other persons will acquire or have any right under or by virtue of this Agreement. Except as -4-