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12 <br />certified or registered mail to the Parties at the address specified in the preamble to <br />this Agreement. <br />12.2. Except as otherwise specified, all notices, payments, and reports hereunder shall be <br />deemed given and in effect as of the date of mailing or transmission, as the case <br />may be, when sent by next-day delivery or courier service, postage pre-paid, or <br />three (3) days after the date of mailing when sent by first class mail, postage <br />prepaid, addressed in all such cases to the Parties as set forth in the preamble to this <br />Agreement directed in each case to the President of NG at the address in the <br />preamble or the Project Manager of the Customer at the address in the preamble, or <br />to such other addresses as the Parties may from time to time give written notice of <br />as herein provided. <br />13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may <br />assign or delegate performance of its obligations under this Agreement without prior <br />express written consent of the other Party, except that NG may assign or otherwise <br />encumber this Agreement, the License, and the Lease for the purpose of obtaining <br />financing; provided, however, that this Agreement may be assigned to any Person that <br />acquires all or substantially all of NG’ assets in one transaction. <br />14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended <br />from time to time by the Parties, provided, however, that no modification or amendment <br />hereto shall be effective unless it is stated in writing, specifically refers to this Agreement, <br />and is executed on behalf of the Party against whom enforcement of such modification or <br />amendment is sought. Any amendment or modification of this Agreement must be signed <br />by the Mayor of the City of Everett in order to bind the Customer. <br />15. NON-WAIVER. The failure of either Party to require performance of any provision of <br />this Agreement shall not affect the right to subsequently require the performance of such <br />provision or any other provision of this Agreement. The waiver of either Party of a breach <br />of any provision shall not be taken or held to be a waiver of any subsequent breach of that <br />provision or any subsequent breach of any other provision of this Agreement. <br />16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in <br />meeting any obligations hereunder which arises in whole or in part from causes which are <br />unforeseen by, or beyond the control of, such Party, including without limitation, acts of <br />God or of a public enemy, acts of terrorism, acts of the Government (other than the <br />Customer in the case of the Customer) in either its sovereign or contractual capacity, fires, <br />floods, epidemics, quarantine restrictions, strikes, freight embargoes, acts or omissions of <br />(i) non-subcontractor third-parties and (ii) third party equipment, telecommunications and <br />software suppliers, and unusually severe weather. When any such circumstance(s) exist, <br />NG shall have the right, in its sole discretion, to allocate its available production, deliveries,