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reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the <br /> Confidential Information. <br /> 8. Remedies. Each party to this Agreement acknowledges and agrees that, given the nature of <br /> the Confidential Information and the competitive damage that would result if the Confidential <br /> Information is used by the Receiving Party other than as is provided for herein or disclosed to any <br /> third party,money damages would not be a sufficient remedy for any breach of this Agreement, <br /> and that, in addition to all other remedies,the aggrieved party shall be entitled to specific <br /> performance and injunctive or other equitable relief as a remedy for any such breach. The parties <br /> further agree to waive any requirement for the securing or posting of any bond in connection with <br /> such remedy. <br /> 9. Miscellaneous. <br /> 9.1. The obligations assumed by the parties pursuant to paragraphs 2,3,6,7,8,9.4,9.8 <br /> and 9.9 hereof shall survive the expiration or earlier termination of this Agreement. <br /> 9.2. In the event suit is brought to enforce or interpret any part of this Agreement,the prevailing <br /> party shall be entitled to recover as an element of the costs of suit,and not as damages, <br /> reasonable attorneys' fees to be fixed by the Court. <br /> 9.3. No provision of this Agreement may be waived unless in writing, signed by all of the <br /> parties hereto. Waiver of any one provision of this Agreement shall not be deemed to be a <br /> continuing waiver or a waiver of any other provision. This Agreement may be modified or <br /> amended only by a written agreement executed by all of the parties hereto. <br /> 9.4. This Agreement shall be governed and construed in accordance with the laws of the State <br /> of Delaware,without regard to choice of law principles. <br /> 9.5. Neither this Agreement nor any duties or obligations hereunder shall be assigned or <br /> transferred by a party without the prior written approval of the other party,which approval <br /> shall not be unreasonably conditioned,withheld,or denied. <br /> 9.6. All notices under this Agreement will be in writing and will be delivered by personal <br /> service, facsimile or certified mail, postage prepaid, or overnight courier to such address as <br /> may be designated from time to time by the relevant party,which initially shall be the <br /> address set forth on the signature page to this Agreement. Any notice sent by certified mail <br /> will be deemed to have been given five(5)days after the date on which it is mailed.All <br /> other notices will be deemed given when received.No objection may be made to the <br /> manner of delivery of any notice actually received in writing by an authorized agent of a <br /> party. <br /> 9.7. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, <br /> void,or unenforceable,the remaining provisions shall nevertheless continue in full force <br /> without being impaired or invalidated in any manner. <br /> 9.8 Neither party shall make any public announcement concerning this Agreement or the <br /> Proposed Transaction without the advance approval of the other party.Notwithstanding the <br /> foregoing, if the parties are unable to agree on a mutually acceptable announcement, a party <br /> may nevertheless issue a press release if it is advised by counsel that such release is <br /> necessary to comply with applicable securities or similar laws. <br /> December 2015 13 of 14 <br />