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Payment Processing Services Statement of Work: Catalis Payments, LLC & Everett Municipal Court | Page 14 of 17 <br />such payment to Merchant; and (b) Merchant will not hold Customer responsible for Provider’s failure to deliver payment, but rather <br />Merchant will seek redress only from Provider. <br />8.6.Notices. All notices required or permitted under the Agreement will be in writing and sent to the other party at the address <br />specified on the signature page below or to such other address as either party may substitute from time to time by written notice to the <br />other and will be deemed validly given upon receipt of such notice given by mail (postage prepaid), electronic mail, or personal or <br />courier delivery to such address. <br />8.7.Captions and Headings. The captions and headings appearing in this Agreement are for reference only and will not be <br />considered in construing this Agreement. <br />8.8.Waiver. No term or condition of this Agreement may be waived except pursuant to a written waiver executed by the party <br />against whom such waiver is sought to be enforced. <br />8.9.Severability. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision <br />will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement <br />will remain in full force. <br />8.10.Publicity. The parties agree that they will not use the other party’s name, trademark or service mark, or the existence of the <br />contractual relationship in any press release, marketing, promotional, advertising, or any other materials without the other party’s prior <br />written consent. <br />8.11.Amendment and Changes. This Agreement or any provision hereof may not be changed, amended, supplemented, discharged, <br />terminated, or otherwise altered except by a statement in writing signed by the party against whom enforcement of same is sought. <br />8.12.Force Majeure. Neither party will be liable for delays in processing or other nonperformance caused by such events as fires, <br />telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, nonperformance of our vendors or suppliers, <br />acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this clause will affect or <br />excuse a party’s liabilities and obligations for Disputed Amounts. <br />8.13.Entire Agreement. This Agreement, including the SOW and Merchant Services Agreement for Sub-Merchants, contains the <br />entire understanding and agreement between the parties with respect to its subject matter, superseding all prior or contemporaneous <br />representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. <br />8.14.Facsimile Signature and Counterparts. An SOW or Amendment to this Agreement may be executed by exchange of <br />signature pages by facsimile, e-mail and in any number of counterparts, each of which will be an original as against any party whose <br />signature appears thereon and all of which together will constitute one and the same instrument.