RecD96 1996-138988 - Laserfiche WebLink

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injunctive relief or mandamus. In addition, upon the failure of a defaulting party to cure an Event of Default, any nondefaulting party may terminate this Agreement, but the termination will not affect that party's right to seek compensatory damages on account of the Event of Default for which this Agreement has been terminated. (d) Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, irrespective of the length of time for which that failure continues, is not a waiver of that party's right to demand strict compliance by the other party in the future. No waiver by a party of an Event of Default is effective or binding upon that party unless the waiver is in writing, and no waiver may be implied from any omission by a party to take any action with affects any other Event of Default, or covers any other period of time, other than the respect to any Event of Default. No express written waiver of any Event of Default Event of Default or period of time specified in the express waiver. One or more written waivers of an Event of Default is not a waiver of either any subsequent Event of Default or the performance of the same or any other term or provision contained in this Agreement. All of the remedies available to a party under this Agreement, or at law or in equity, are cumulative and not alternative, and invocation of any right or remedy is not a waiver or election of remedies with respect to any other permitted or available right or remedy. (e) If this Agreement is terminated because of an Event of Default, the termination does not affect any right or duty arising out of any Approvals obtained concurrently or subsequently to the approval bf this Agreement, but the rights, duties and obligations of the parties under this Agreement cease as of the date of the -38- DV AGR0'3.rxJC August 26, 1996