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DocuSign Envelope ID:A7ABDC61-79BA-42A1-AB2A-A4DC18F3DGCB <br /> their respective successors, legal representatives, and causes of nonperformance and to complete performance <br /> permitted assigns. of the act delayed,whenever such causes are removed. <br /> 7.4 The failure of either Party to enforce any part of this 7.8 To facilitate execution, this Agreement may be <br /> Agreement or the failure of either Party to declare a default executed pursuant to the process set forth in the Electronic <br /> shall apply only to that particular instance and shall not Signatures in Global and National Commerce Act (15 <br /> operate as the Party's continuing waiver or estoppel U.S.C. §7001 et seq.)or in as many counterparts as may <br /> barring enforcement of any term or provision herein. be required to reflect all Parties' assent. All counterparts <br /> will collectively constitute a single agreement. <br /> 7.5 This Agreement shall be governed by and constructed <br /> in accordance with the internal laws of the state, 7.9 Representation of Authority. Each person signing <br /> commonwealth or province of incorporation or organization this Agreement represents and warrants that he or she is <br /> of the Seller without regard to the application of conflicts of duly authorized and has legal capacity to execute and <br /> laws principles. deliver this Agreement. Each individual represents and <br /> warrants that such individual is duly authorized and <br /> 7.6 Neither Party is nor shall be a partner, joint venturer, empowered to enter into this Agreement on behalf of the <br /> agent or representative of the other Party solely by virtue respective below-listed Party and to bind such Party <br /> of this Agreement. Neither Party has the right, power or hereto. <br /> authority to enter into any contract or incur any obligation, <br /> debt or liability on behalf of the other Party. 7.10 Terms and Conditions. Seller acknowledges that <br /> the terms and conditions as outlined herein, including the <br /> 7.7 No Party shall be liable for any delay or failure in its rights and obligations of BWB, may change from time to <br /> performance of any of the acts required by this Agreement time as market conditions dictate and at <br /> when such delay or failure arises for reasons beyond the BWB's sole discretion, and BWB will communicate any <br /> reasonable control of such Party. The Party so affected, changes to Seller within thirty (30) days of the effective <br /> however,shall use its best efforts to avoid or remove such date of any such changes. <br /> $c0a09359e38f$968FF813C08E41BFA218509653C900D6.docx <br />