Linko Technology Inc 10/26/2018 - Laserfiche WebLink

Page 13 of 17 8.8 Force Majeure. Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war (declared or undeclared), fire, flood, storm, slide, earthquake, power failure, inability to obtain equipment, supplies or other facilities not caused by a failure to pay, labour disputes, or other similar event beyond the control of the party affected which may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event. 8.9 Further Assurances. Before and after the Effective Date, each party will promptly execute and deliver all further documents and take all further action reasonably necessary or appropriate to give effect to the provisions and intent of this agreement and to complete the transactions contemplated by this agreement. 8.10 Independent Parties. This agreement does not and will not be construed to create any partnership or agency whatsoever as between Linko and the Customer, and neither party will, by reason of any provision herein contained, be deemed to be the partner, agent or legal representative of the other of them nor have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other of them. 8.11 Third Parties. Customer's correspondence or dealings with Regulatees and other third parties through the Service are solely between Customer and such third parties. Linko will not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 8.12 Remedies Cumulative. The rights and remedies under this agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. No single or partial exercise by a party of any right or remedy precludes or otherwise affects the exercise of any other right or remedy to which that party may be entitled. 8.13 Survival. Section 5.5, and Part 4, Error! Reference source not found., Part 7 and Part 8 of this Schedule C will survive termination of this agreement. 8.14 Counterparts. This agreement and all documents contemplated by or delivered under or in connection with this agreement may be executed and delivered in any number of counterparts with the same effect as if all parties had all signed and delivered the same document and all counterparts will be construed together to be an original and will constitute one and the same agreement. 8.15 Amendments. No amendment, supplement, restatement or termination of any provision of this agreement is binding unless it is in writing and signed by each party to this agreement at the time of the amendment, supplement, restatement or termination. 8.16 Entire Agreement. This agreement, the Schedules listed on page 1, constitute the entire agreement between the parties with respect to the subject matter of this agreement and supersede all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or oral, express or implied, statutory or otherwise.