RES 231417 - Laserfiche WebLink

EXHIBIT B With a copy to: Livermore-Pleasanton Fire Department 3560 Nevada Street Pleasanton, CA 94566 Attn: Fire Chief Section 5. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 6. Amendments. This Agreement may be amended by mutual agreement of the Parties, in writing. Section 7. Incorporation of Recitals and Introductory Paraeraph. The Recitals contained in this Agreement and the introductory paragraph preceding the Recitals are hereby incorporated into this Agreement as if fully set forth herein. Section 8. No Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement and only the Parties expressly referenced herein shall have the right to enforce this Agreement. Section 9. Remedies, Any Party may institute an equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto or to obtain any remedies consistent with the foregoing and the purpose of this Agreement. In no event shall any Party be entitled to monetary damages for breach of this Agreement by any other Party to this Agreement. Section 10, Severability. Should any part, term or provision of this Agreement be decided by the courts to be illegal, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. Section 11, Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. Section 12. Further Assurances, The Parties each will adopt, deliver, execute and make any and all further assurances, instruments,and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the performance hereof and for the better assuring and confirming unto each other of the rights and benefits provided to it herein. Section 13, Governing Law. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. Page 3 of 5