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6 <br /> 21. Headings. The headings used in this Agreement have been inserted for <br /> convenience only and shall not affect the construction of this Agreement. <br /> 22. Authorized to Execute. Each person executing this Agreement <br /> represents and warrants that he or she is fully authorized to execute this Agreement on <br /> behalf of the Party he or she represents. <br /> 23. Relationship of Parties. Nothing in this Agreement shall be deemed to <br /> create a partnership or joint venture and/or principal and agent relationship between or <br /> among the Parties. No Party or authorized representative shall have authority to act as <br /> a general agent for the other Party or to bid for or undertake any contracts enforceable <br /> against the other Party. <br /> 24. Successors; Assignments. The provisions of this Agreement shall <br /> extend to, bind, and inure to the benefit of the Parties and their respective <br /> representatives, agents, and consultants; parent, affiliated and subsidiary companies; <br /> heirs; successors; and assigns. No Party may assign its rights or obligations under this <br /> Agreement without the consent of the other Parties, which consent may be withheld in <br /> the other Parties' sole discretion. <br /> 25. Representations. Each Party warrants that it is not relying on any <br /> representations not embodied in this Agreement, whether written or oral, in entering into <br /> this Agreement. Each Party acknowledges and represents that it has relied on the legal <br /> advice of its attorney, who is the attorney of its own choice, that the terms of this <br /> Agreement have been completely read and explained to it by its attorney, and that the <br /> terms are fully understood and voluntarily accepted. <br /> 26. Construction. This Agreement or any portion thereof shall not be <br /> construed against one Party or the other as drafter but shall be construed as if drafted <br /> by all Parties. <br /> 27. Unenforceable Provisions. If any provision of this'Agreement is held to <br /> be unenforceable for any reason, it shall be adjusted, rather than voided, if possible, to <br /> achieve the intent of the Parties. If any portion of this Agreement becomes <br /> unenforceable, null, or void, the balance of the Agreement shall rein in full force and <br /> effect. hh4-ni- aloft 'fir: yi <br /> 28. Effective Date. This Agreement shall become effective as of the latest <br /> date of execution below. <br /> Funding Agreement 54 Page 7 of 8 <br /> 2002 001 hh310502. <br />