AgdaPkt 2004-06-21 - Laserfiche WebLink

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s,�-.�.�� e. Attorneys' Fees - Should any dispute arise between the parties hereto or successors and assigns concerning any provision of this Agreement or the rights and duties of any party hereto, the prevailing party in such dispute shall be entitled, in addition to any other relief requested or granted, to recover court costs and reasonable attorneys' fees in connection with such dispute. As used herein, the term "prevailing party" shall mean the party which obtains the principal relief it has sought, whether by compromise settlement or judgment. If the party which shall have commenced or instituted the action, suit or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall be deemed to be the prevailing P�Y• f. Governing Law - The laws of the State of California shall govern this Agreement and any action brought by either party regarding this Agreement. g. Headings - The section headings used in this Agreement are used only for the purpose of convenience and shall not be deemed to limit the subject of the paragraphs or to be considered in their construction. h. Entire Agreement - This Agreement contains the entire agreement between the parties hereto with respect to the subject matter discussed herein, and supersedes any prior or concurrent oral agreement between the parties concerning said subject matter. There are no representations, agreements, arrangements or undertakings, oral or written, between the parties hereto relating to the subject matter contained in this Agreement which are not fully expressed herein. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective legal representatives, successors, and assigns. i. Severability - If any term of this Agreement, or the application thereof to any person or circumstance„ shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. j. Public Declaration - Nothing contained in this Agreement shall be deemed to be a gift or dedication of the Developer's property, or any portion thereof, to the general public, for the general public benefit or for any public use or purpose whatsoever, it being the intention and understanding of the parties to this Agreement that the terms hereof shall be strictly limited to and for the development, construction, maintenance, operation, repair and restoration of the respective property of the parties hereto. k. Counterparts - This Agreement may be executed in any number of counterparts, each of which shall be an original with the same effect as if the signature thereto were upon the same instrument. The signature page and acknowledgment or any counterpaR may be removed there from and attached to any other counterpart to evidence REDW\0002\007-6. DOC 6\16\04 400 law 14