COMPLIANCE INFO_1995-2008 - Laserfiche WebLink

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discretion in performing the tasks assigned, within the scope of work specified by the Customer. 6. SEVERABILITY [['any provision in this Agreement shall be Lound or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceabld, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate, in good faith, a substitute, valid and enforceable provision which most nearly effects the parties' intent in entering into this Agreement. 7. AMENDMENT This Agreement may not be amended in any respect other than by written instrument executed by the party against whom enforcement is sought. 8. ENTIRE AGREEMENT The terms and conditions herein contained constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter hereof, and no agreement or understanding varying or extending the same shall be binding upon either party hereto unless in a written document which expressly refers to this Agreement and which is signed by the party to be bound thereby. 9. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without reference to its principles of conflict of laws. 10. DAMAGES; FORCE MAJEURE Neither party to this agreement shall be liable to the other for indirect or consequential damages resulting from a breach or failure under this agreement other than as expressly specified herein or through a decision rendered pursuant to arbitration of a dispute; provided , however, that in no event shall Far West be liable for any loss, damage or penalty resulting from the delay it, completion of the project when such delay is due to causes beyond the reasonable control of Far West. 11. NOTICES a) Any notice hereby required or permitted to be given shall be sufficiently given if in writing and delivered in person, by facsimile transmission, electronic mail, overnight delivery service or U.S. mail, in which event it may be mailed by first-class, certified or registered, postage prepaid, to either party at the address of such party or such other address as shall have been designated by written notice by such party to the other party. b) Any notice or other communication required or permitted to be given under this Agreement will be deemed given (i) on the day when delivered in person, tt on the first business day of or after the date of confirmation that the facsimile has been successfully transmitted to the facsimile number for the party notified if sent by facsimile, (iii) on the first business day of or after the date of receipt by the party notified if sent by electronic mail, or (iv) the third business day after the day on which such notice was mailed in accordance with this Section. 12. NO WAIVER No waiver of any term or condition of this Agreement shall be valid or binding on either party unless the same shall be mutually assented to in writing by both parties. The failure of