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Terms and Conditions - 5 <br />HEREBY. EACH PARTY AGREES THAT ANY SUCH ACTION, SUIT, OR PROCEEDING SHALL BE <br />TRIED BEFORE A COURT AND NOT A JURY. <br />P. Force Majeure. Whenever a period of time is prescribed for the taking of an action by either <br />party hereto, the period of time for the performance of such action shall be extended by the <br />number of days that the performance is actually delayed due to (a) general strikes, (b) acts of <br />God, (c) material shortages, (d) war, (e) terrorist acts, (f) civil disturbances, (g) floods, (h) <br />earthquakes, (i) fires, or (j) other causes beyond the reasonable control of the performing <br />party, and, with respect to Seller’s performance, any delays incurred by Seller as a result of <br />the nonperformance or delay by the City of any of its obligations hereunder, and, with respect <br />to City’s performance, any delays incurred by City as a result of the nonperformance or delay <br />by Seller of any of its obligations hereunder (“Force Majeure”). Any party hereto claiming a <br />right to a Force Majeure extension shall notify the other Party immediately of the claimed <br />right to an extension and the specific claimed basis for the extension. No Force Majeure <br />extension shall be in total greater than six months unless approved in writing by the Mayor of <br />the City and by an authorized representative of the Seller. <br />Q. Signature/Counterparts. This Agreement and any amendment thereto may be signed in <br />counterparts, each of which shall be deemed an original, and all of which, taken together, shall <br />be deemed one and the same document. AdobeSign signatures are fully binding. Any ink, <br />electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or <br />any amendment hereto will be deemed an original signature and will be fully enforceable as an <br />original signature. <br />R. Limitation of Liability. Except as expressly provided herein, Seller shall not be liable under any <br />theory for incidental, indirect, special, or consequential damages, including loss of profits, use, <br />business, or opportunity. Seller’s maximum liability shall not exceed the purchase price actually <br />paid for the Apparatus giving rise to the claim. Any action must be commenced within one year <br />of accrual. <br /> <br />END OF TERMS AND CONDITIONS