SR0033424_ENG DESIGNED PLAN - Laserfiche WebLink

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Neil O. Andet;,,cin &Associates, Inc., AdvanTex'Treatment System Service Contract Page 5 9.3 In the event of any termination or cancellation of this agreement by the Customer, the Customer shall have the right to: a. Deny Orenco or Neil O. Anderson &Associates, Inc. access to its premises and to the system, except that Orenco or Neil O. Anderson&Associates,Inc. shall have the right to enter the Customer's premises to repossess all materials,parts and other items owned by Orenco or Neil O. Anderson &Associates, Inc.; and b. Discontinue utilizing Orenco or Neil O. Anderson&Associates, Inc. for the performance of services and additional services. 9.4 The foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies provided a party at law or in equity. 10.0 Nfiseellaneous Provisions 10.1 This Agreement is personal in nature and may not be delegated, assigned or transferred by either party without the prior written consent of the other party. 10.2 This Agreement terminates and supersedes all other agreements between the parties and constitutes the.entire understanding between them. This agreement cannot be changed,modified, or varied except by written instrument duly executed by both parties, except that Orenco or Neil O. Anderson&Associates, Inc. may increase the charges for Services without execution of a written instrument as provided in Section 4.1 above. 10.3 The failure of either party to insist on strict performance of this agreement by the other shall not be construed as a waiver of the right to insist on such performance and no waiver by either party to any breach by the other of any provision hereof shall be deemed a waiver of any other prior or subsequent breach. 10.4 The laws of the State of California shall govern this Agreement. 10.5 If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement,the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court,reasonable attorney fees as fixed by the appellate court. 10.5 This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Orenco,Neil O. Anderson&Associates, Inc., and the Customer. 10.7 Time is of the essence for each and every provision of this Agreement. 10.8 The exhibits referenced in this Agreement are a part of this agreement as if fully set forth in this Agreement. 10.9 Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail,return receipt requested,postage prepaid, addressed to the parties at the addresses shown on the first page of this Agreement. Any notice or