FirstTwo Inc 12/19/2017 - Laserfiche WebLink

from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 16. MISCELLANEOUS 16.1 Relationship. The Parties are entering into this Agreement as independent contracting parties. Neither Party will have, or hold itself out as having, any right or authority to incur any obligation on behalf of the other Party. This Agreement does not create a partnership,franchise,joint venture,fiduciary or employment relationship between the Parties. 16.2 Notices. Any notice or other communication under this Agreement will be in writing and will be effective (i) if to Customer,when delivered via registered mail, return receipt requested, to the address provided during registration or specified in an Order; or when sent via email to the email address provided during registration or specified in an Order or otherwise on record for Customer; and (ii) if to FirstTwo, when delivered via email to support@firsttwo.com, if no "system error" or other non-delivery notice is generated, with a duplicate copy sent via registered mail, return receipt requested, to FirstTwo, Inc., 227 Bellevue Way N.E.#276, Bellevue, WA 98004. If applicable law requires that a given communication be "in writing,"Customer agrees that email will satisfy such requirement. 16.3 Assignment. Customer may not assign this Agreement by operation of law or otherwise without the prior written consent of FirstTwo. 16.4 Governing Law. This agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington, without reference to its rules relating to choice of law, except to the extent preempted by the laws of the United States of America,which will then apply. 16.5 Entire Agreement;Waiver. This Agreement and the Orders under this Agreement are the entire agreement between the Parties, and supersedes all prior negotiations, agreements and undertakings between the Parties with respect to its subject matter. A waiver by a Party of any breach by the other Party shall not be deemed a waiver of any succeeding breach or any other covenant by the other Party.All waivers must be in writing and signed by the Party waiving its rights. 16.6 Severability. If any provision of this Agreement is held to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. 16.7 Force Majeure. Notwithstanding any provision contained in this Agreement, except for financial obligations due and owing, neither Party shall be liable to the other to the extent performance of any portion of this Agreement is delayed or prevented by causes not within its control. 16.8 Headings. The section headings used in this Agreement are for convenience only and shall not affect any construction or interpretation of this Agreement. [END OF AGREEMENT] v3.1 9