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� 1 MYTH ICS`" <br /> Unrivaled Oracle Expertise <br /> this Agreement shall be brought exclusively in the Snohomish County Superior Court or in the <br /> Federal Court in the Western District of Washington. The parties consent to submit to the personal <br /> jurisdiction of such courts and waive any and all objections to such jurisdiction and venue. <br /> I. Survival. The following provisions of this Agreement shall survive the expiration or the <br /> termination of this Agreement by either party and for any reason:Article III(A) (ii),Article V,Article <br /> VI(B),Article VI(D),Article VIII,and Article IX. <br /> J. Execution in Counterparts. This Agreement may be executed in any number of counterparts by <br /> original or facsimile signature, each such counterpart shall be an original instrument, and all such <br /> counterparts together shall constitute one and the same agreement. <br /> K. Titles and Headings;Rules of Construction. Titles and headings to sections herein are inserted <br /> for convenience of reference only and are not intended to be a part of or to affect the meaning or <br /> interpretation of this Agreement. Whenever the context so requires the use of or reference to any <br /> gender includes the masculine,feminine and neuter genders;and all terms used in the singular shall <br /> have comparable meanings when used in the plural and vice versa. This Agreement has been <br /> negotiated between the parties and will not be deemed to be drafted by,or the product of,any party. <br /> As such,this Agreement will not be interpreted in favor of,or against,any party. <br /> L. Relationship of the Parties. COMPANY and CLIENT are and shall remain independent <br /> contractors. Nothing contained in this Agreement shall be construed to create an agency, joint <br /> venture, or partnership between the parties. COMPANY shall determine the time, place, methods, <br /> details and means of performing the Services under this Agreement. COMPANY is responsible for <br /> the supervision, control, compensation, and health and safety of its Personnel. COMPANY shall <br /> have agreements with its Personnel to enable COMPANY to meet its obligations under this <br /> Agreement. COMPANY will ensure that its Personnel are licensed under all applicable laws and <br /> regulations. <br /> M. No Third Party Beneficiaries. This Agreement will not confer any rights or remedies upon any <br /> person other than CLIENT and COMPANY, and their respective heirs, successors and permitted <br /> assigns,as applicable. <br /> N. Force Majeure. Neither party shall be liable for any delays or failures in performance due to <br /> circumstances beyond its reasonable control. Neither party shall be liable to the other for any loss, <br /> claim or damage as a result of any delay or failure in the performance of any obligation hereunder, <br /> directly or indirectly caused by or resulting from: acts of the government; acts of God; acts of third <br /> persons; strikes, embargoes, delays in the mail, transportation and delivery; power failures and <br /> shortages; fires; floods; epidemics and unusually severe weather conditions; or other causes which <br /> do not result from the fault or negligence of such party. <br /> O. Entire Agreement; Amendments and Waivers. This Agreement (and all Statements of Work) <br /> contains the entire understanding of the parties with regard to the subject matter contained in this <br /> Agreement and supersedes all prior agreements,communications,or understandings of the parties, <br /> Page 12 of 14 <br /> 1439 N. Great Neck Rd.,Virginia Beach,VA 23454 I 757.412.4362 Fax:757.412.10601 www.mythics.com <br />