08 ATTACHMENT 4 - Laserfiche WebLink

limiting the preceding provisions of this Section 18.13, the annexation of any property by a Jurisdiction shall not terminate, modify or otherwise affect any party's rights or obligations under this Agreement. 18.14 Expenses. Except as otherwise provided herein, the parties shall bear their respective expenses incurred in connection with the preparation, execution and performance of this . Agreement, including all fees and expenses of agents, representatives, attorneys and accountants. 18.15 Attorneys' Fees. The prevailing parry in any action or proceeding to enforce or interpret this Agreement or otherwise arising out of or in connection with the subject matter hereof (including, but not limited to, any suit, arbitration, entry of judgment, post judgment motion or enforcement, appeal, bankruptcy litigation, attachment or levy) shall be entitled to recover its costs and expenses, including, but not limited to, attorneys', experts' and consultants' fees and costs. 18.16 No Third Party Beneficiary. This Agreement is made solely for the benefit of the parties and their respective successors and permitted assigns, and no other person or entity shall have or acquire any rights or remedies under this Agreement, except as otherwise expressly provided in this Agreement. Without limiting the provisions of the preceding sentence, nothing in this Agreement shall be deemed to create any obligation or liability of Vulcan to PGC. 18.17 Counting Days. All references in this Agreement to "days" shall mean calendar days unless expressly referred to as "business days." If the day for performance of any obligation under this Agreement is a Saturday, Sunday or Legal holiday, then the time for performance of that obligation shall be extended to the first following day that is not a Saturday, Sunday or legal holiday. 18.18 Time of the Essence. Time is of the essence in this Agreement. 18.19 Further Cooperation. The parties agree to execute and deliver all further documents and to take all such further action as may be necessary or helpful to fully implement the provisions of this Agreement. 18.20 Authority. Each individual executing this Agreement on behalf of a corporation or other entity represents and warrants that: (i) he or she is duly authorized to execute and deliver this Agreement on behalf of said entity in accordance with its governing documents; (ii) this Agreement is binding upon such entity in accordance with its terms; and (iii) such party is a duly organized and legally existing entity in good standing in the State of California. 002483.00041793691.13 29