LeaseQuery 8/4/2022 - Laserfiche WebLink

discretion,may elect to bring such claim to mandatory arbitration pursuant to this Section or,alternatively,in the courts of the State of Georgia or the federal courts located in the Northern District of Georgia, and in the event LeaseQueiy elects to bring such claim in any of such courts,(i)each party irrevocably submits to the exclusive jurisdiction of such courts,(ii)each party hereby waives,and agrees not to assert,as a defense in any action,suit or proceeding for the interpretation or enforcement hereof or thereof,that it is not subject thereto or that such action,suit or proceeding may not be brought or is not maintainable in such courts or that the venue thereof may not be appropriate or that this Agreement or any such document may not be enforced in or by such courts,(iii)each of the parties hereby consents to and grants any such court jurisdiction over the person of such parties and over the subject matter of any such Dispute,and (iv)each of the parties hereby irrevocably waives all right to a trial by jury and all right to assert class or collective action claims against the other in any action,proceeding or counterclaim arising out of or relating to this Agreement. Except as otherwise set forth in this Agreement,each party shall bear its own costs in connection with a Dispute,including,without limitation,attorneys'fees and arbitration and court costs. 10.17 Federal Clients.If Client is a U.S.federal government department or agency or contracting on behalf of such department or agency,all services described herein,including the provision of access to the Solution and all Professional Services,are"Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of"Commercial Computer Software" and "Commercial Computer Software Documentation",as those terms are used in 48 C.F.R.§12.212 or 48 C.F.R.§227.7202,and supporting Professional Services in accordance with paragraph(5)of the definition of"Commercial Item"in 48 C.F.R.§2.101.Consistent with 48 C.F.R.§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, access to the Solution and supporting Professional Services are provided to Client with only those rights as provided under the terms and conditions of this Agreement and any applicable Sales Order. 10.18 Multiple Counterparts.This Agreement and any Sales Order may be executed in multiple counterparts, including facsimile signatures(e.g.,pdf files)and digital signatures using digital software that electronically captures,or otherwise allows a signatory to adopt,an identifying mark as such person's signature to this Agreement or such Sales Order,each of which shall be deemed an original, but all of which shall be deemed to be one and the same agreement.A signed copy of this Agreement or a Sales Order delivered by e- mail or other means of electronic communication shall be deemed to have the same legal effect as delivery of an original signed copy. • • • - 12-