CORRESPONDENCE_1995 - 2007 - Laserfiche WebLink

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If to Licensee : KRC Aggregate, Inc. Each such notice or demand shall be deemed to have been given or made on the day of actual delivery, or at the expiration of the third day after the date of being so mailed, whichever is earlier in time . 10 . Attornevs' Fees . If there is any litigation between the parties hereto in connection with the interpretation of this Agreement, or the enforcement of any right or obligation under this Agreement, the party prevailing in such litigation shall be entitled to payment by the non-prevailing party of the court costs and attorneys' fees incurred by the prevailing party in connection with such litigation (whether incurred at the trial, appellate, or administrative levels) , in such amount as the court or administrative body may judge reasonable, all of which may be incorporated into and be a part of any judgment or decision rendered in such litigation. 11 . Invalidity. If any provision of this Agreement or the application thereof to any person (s) or circumstance (s) shall to any extent be held to be invalid or unenforceable, neither the remainder of this Agreement nor the application of such provision to any person (s) or circumstance (s) other than those as to whom or which it is held to be invalid or unenforceable shall be affected -thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12 . Entire Agreement . There terms of this Agreement are intended as a final expression of the agreement of Licensor and Licensee with respect to the subject matter hereof, and may not be contradicted by evidence of any prior or contemporaneous agreement . It is further intended that this Agreement constitute the complete and exclusive statement of its terms, and that no extrinsic evidence of any kind which contradicts the terms of this Agreement may be introduced in any proceedings (judicial or otherwise) involving this Agreement, except for evidence of a subsequent written amendment to this Agreement .` This Agreement may be modified only by an instrument in writing which is signed by both Licensor and Licensee . 13 . Recitals and Exhibits . Any and all recitals at the beginning of this Agreement are accurate and shall constitute an integral part of this Agreement, and this Agreement shall be construed in light of those recitals Any and all exhibits, schedules, and addenda attached to and referred to in this Agreement are hereby incorporated into this Agreement as fully as if set out in their entirety herein. 6