SR 05:309 - Laserfiche WebLink

(ii) any representation or warranty made by BART in this Agreement contains any untrue statement of a material fact as ofthe Effective Date, and such misstatement remains material and continues unremedied for 30 days after written notice thereofto BART. (b) By Funding Parties. The occurrence of anyone or more of the following events shall constitute a "Funding Party Event of Default" (but only with respect to the particular Funding Party that committed the Funding Party Event of Default, such that a Funding Party Event of Default committed by a particular Funding Party shall not in itself constitute a Funding Party Event of Default of all Funding Parties): (i) A Funding Party fails to fund the portion of its Commitment within five days after the Funding Date when such funding is required under Section 2; (ii) A Funding Party defaults in the performance of or compliance with any of its obligations, covenants or agreements under this Agreement, other than those specified in. Section 6(b)(i) above, and such default continues unremedied for 30 days after written notice thereof to such Funding Party; or (iii) any representation or warranty made by a Funding Party to BART in this Agreement contains any untrue statement of a material fact as of the Effective Date, and such misstatement remains material and continues unremedied for 30 days after written notice thereof to such Funding Party. 7. Remedies. Upon the occurrence ofa BART Event of Default, the affected Funding Party shall be entitled to pursue and enforce against BART any and all ofthe rights and remedies available to it in law or equity. Upon the occurrence of any Funding Party Event of Default, BART shall be entitled to pursue and enforce against the Funding Party whose act, omission or misstatement formed the basis for such Funding Party Event of Default any and all ofthe rights and remedies available to BART in law or equity. 8. Miscellaneous. (a) No Waiver. No failure or delay on the part of a Funding Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder or thereunder. (b) Amendments, etc. No amendment, modification, termination or waiver of any provision of this Agreement, or consent to any departure by any party therefrom, shall be effective unless it is in writing and signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. (c) Notices. Any notice, invoice, demand, offer or other written instrument required or permitted to be given pursuant to this Agreement (unless expressly permitted to be sent electronically) shall be in writing signed by the party giving such notice and shall, to the extent reasonably practicable, be sent by facsimile, and if not reasonably practicable to send by 5 SF # 1009882 v2 48447\'1