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including the obligation of the Customer to pay for costs incurred by Miovision <br /> (including reasonable legal fees) in enforcing its rights hereunder, and those <br /> surviving obligations set forth herein; <br /> d. the provisions dealing with intellectual property, confidential information, customer <br /> data, liability and indemnification of this Agreement shall continue in force following <br /> termination of this Agreement; and <br /> e. Miovision shall have all remedies which are available to it at law or in equity. <br /> 9. ENTIRE AGREEMENT. This Agreement, including any applicable Attachments hereto, <br /> constitutes the entire Agreement between the parties on the subject matter contained herein. <br /> This Agreement supersedes all prior or other oral or written agreements, covenants, <br /> arrangements and discussions between the parties. In the event of an inconsistency <br /> between this Agreement and any other document or agreement between the parties with <br /> respect to the subject matter hereof, this Agreement shall prevail and govern to the extent <br /> necessary to remedy such inconsistency. This Agreement may be amended only as <br /> mutually agreed upon in writing between the parties. <br /> 10. APPLICABLE ATTACHMENTS. <br /> a. Attachment A — Miovision Platform. If this Agreement involves the sale of access <br /> to the Miovision Platform and related systems, then Attachment A — Miovision <br /> Platform is applicable and shall form part of this Agreement. <br /> b. Attachment B — Hardware Purchase. If this Agreement involves the sale of <br /> Hardware, then Attachment B— Hardware Purchase is applicable and shall form part <br /> of this Agreement. <br /> c. Attachment C — Hardware Rental. If this Agreement involves the rental of <br /> Hardware, then Attachment B — Hardware Rental is applicable and shall form part of <br /> this Agreement. <br /> 11. MODIFICATIONS AND WAIVER. No modification of, amendment or addition to this <br /> Agreement is valid or binding unless set forth in writing and fully executed by both Parties <br /> hereto. Any waiver of any right or remedy under this Agreement must be in writing and <br /> signed by each Party. No delay in exercising any right or remedy shall operate as a waiver of <br /> such right or remedy or any other right or remedy. The exercise or failure to exercise any <br /> remedy shall not preclude the exercise of that remedy at any time. Waiver of breach or <br /> failure to strictly enforce the terms of this Agreement shall not preclude a Party from <br /> asserting a subsequent or continuing breach or from otherwise requiring strict conformance <br /> with the terms of this Agreement. <br /> 12. CUSTOM WORK. In the event that the Customer wishes to have Miovision provide <br /> additional custom development and/or services at any time during the life of the Agreement, <br /> the parties will negotiate the terms and conditions of such additional services; and enter into <br /> a separate mutually agreeable contract. If Miovision delivers any custom development to the <br /> Customer, any and all intellectual property developed as a result shall be deemed to be <br /> Miovision's IP. <br /> 13. RELATIONSHIP OF CUSTOMER AND MIOVISION. Nothing contained in this Agreement <br /> shall he deemed or construed as creating a joint venture or partnership between Miovision <br /> 79 <br />