RES 221331 - Laserfiche WebLink

e. Governing Law. This Agreement shall be governed by the laws of California with venue in Alameda County. f. No Waiver. The failure of a Party to insist on strict performance of any provision of the Agreement does not constitute a waiver of or estoppel against asserting the right to require performance in the future and a waiver or estoppel given in any one instance does not constitute the same with respect to a later obligation or breach. g. Remedies. The rights and remedies provided by the Agreement are cumulative,and the use of any right or remedy by any Party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a Party may have under any applicable law,in equity or otherwise. h. Force Majeure.Neither Party is responsible for any delay or failure in performance of any part of the Agreement to the extent that delay or failure is caused by fire,flood,explosion,war,embargo,government requirement,civil or military authority,act of God,pandemic,act or omission of carriers or other similar causes beyond the Party's control. i. Attorney, sem. If either Party institutes a suit against the other for violation of or to enforce any covenant,term or condition of the Agreement,the prevailing party shall be entitled to reimbursement of all of its costs and expenses,including,without limitation,reasonable attorneys'fees. j. No Third-Party Beneficiaries. The Agreement does not confer any rights or remedies on any person other than the Parties and their respective successors and permitted assigns.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement,or affect the legal liability of either Host or EBCE by imposing any standard of care respecting the design,construction and maintenance of the Property,Charging Stations and Sites different from the standard of care imposed by law. k. Integration; Amendments. The Agreement contains all agreements, promises and understandings between the Parties as to the subject matter of this Agreement.Any amendment,modification or other change to the Agreement shall be ineffective unless made in a writing signed by the Parties hereto. 1. Counterparts and Electronic Signatures. The Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal i E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other applicable law)or other transmission method,and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. M. Construction. All documents or items attached to, or referred to in, the Agreement are incorporated into the Agreement as fully as if stated within the body of the Agreement.Each Party has cooperated in the drafting,negotiation and preparation of the Agreement and nothing herein shall be construed against either Party on the basis of that Party being the drafter of such language. [Signature page follows on next page.] 6