Laserfiche WebLink
<br />-19- <br /> <br /> <br />Failure to enforce or insist upon compliance with any of the terms or conditions of this <br />Agreement shall not constitute a general waiver or relinquishment of any such terms or <br />conditions, but the same shall be and remain at all times in full force and effect. <br /> <br />8.03 Entire Agreement, Amendments <br /> <br />This Agreement constitutes the entire Agreement between the Parties and supersedes and <br />replaces all prior agreements concerning the subject matter of this Agreement. Any <br />amendments to this Agreement or any SLA must be in writing and duly executed by both <br />Parties. <br /> <br />8.04 Notices <br /> <br />All notices required to be given by either Party to the other Party under this Agreement <br />shall be in writing and shall be delivered either in person, by United States mail, by <br />nationally recognized overnight courier or by electronic mail (email) to the applicable <br />Administrator or the Administrator’s designee. Notice delivered in person shall be deemed <br />given when accepted by the recipient. Notice by United States mail shall be deemed given <br />three (3) days after the date the same is deposited in the United States mail, postage prepaid, <br />and addressed to the Administrator, or their designee, at the addresses set forth in Section <br />1.9 of this Agreement. Notice delivered by overnight mail shall be deemed given as of the <br />day after mailing. Notice delivered by email shall be deemed given as of the date and time <br />received by the recipient. <br /> <br />8.05 Fair Meaning <br /> <br />The terms of this Agreement shall be given their fair meaning and shall not be construed <br />in favor of or against either Party hereto because of authorship. This Agreement shall be <br />deemed to have been drafted by all Parties. <br /> <br />8.06 Severability <br /> <br />(a) If a court of competent jurisdiction holds any part, term or provision of this <br />Agreement to be illegal, or invalid in whole or in part, the validity of the remaining <br />provisions shall not be affected, and the Parties’ rights and obligations shall be construed <br />and enforced as if the Agreement did not contain the particular provision held to be invalid. <br /> <br />(b) If any provision of this Agreement is in direct conflict with any statutory <br />provision of the State of Washington, that provision which may conflict shall be deemed <br />inoperative and null and void insofar as it may conflict and shall be deemed modified to <br />conform to such statutory provision. <br /> <br />8.07 Governing Law and Venue <br /> <br />This Agreement shall be governed by, and interpreted according to, the laws of the State <br />of Washington (without regard to any conflicts of law principles applied in that State), with <br />venue for any disputes in Snohomish County, Washington; provided that venue for any <br />matter that is within the jurisdiction of the Federal Court shall be in the United States