AgdaPkt 2007-12-17 - Laserfiche WebLink

Browse Search

7C Page 241 8.12 Binding Effect; Due Authorization. This Agreement shall be binding upoi�and inure to the benefit of the heirs, administrators, executors, successors iri interest and assigns of each of the Parties hereto. Any reference in this AgreeinezZt ta a specif cally named Party shall be deemed to apply to any successor,heir, administrator, executor or assign of such Party who has acquired interest. Developer hereby represents and warrants that all actions necessary on tl�e part of Developer 1:0 authorize the executivn of this Agreement and to undertake the actions contemplated hereby have l�een undertaken, and the person(s) executing this Agreement on behalf of Developer have been duly authorized to do so. 8.t 3 Parlies Not Co-Venturers. Notlung in this A�reement is intended to or does establish the Parties as partners, co- venturers, or princ'tpal. and agent with one anotl�er. 8.14 Time is of tlae Essence. In all matters under this Agreement,the Parties agree that time is of the essence. 8.I5 Complete Understandinr of the Parties. This Agreement, constitutes the entire uizderstanding and agreement of the Parties with respect to the subject matter hereof, and supersedes aIl prior negotiations, documents and discussions pertaining thereto. This Agreeineut, togcther with the attached Exhibifis, constitutes the final and exclusive understanding and agreement of the Parties and supersedes all negotiations flr previous agreeia�ei�ts of the Parties with respect to all or any part of the subj ect �natter hereof.. The Exhibiis attached to this Agreement are incorporated h.er.ein.for all purposes. 8.1 G Good Faith. The Parties recognize that it i.s impractical in this Agreement to provide for every contingency which niay arise during the life of the Agreement, and the Parties hereby agree that it is the�r intentior ihat t:�is Agreemeni shall operate fairly befiween them a�id without detriment to the i�lterests of any of them, and that, if during the terrn of this Agreeinent any Pa.rty believes that this Agreeinent is operatzng un.fairly,the Parties will use their best efforts to agree on such action as may Ue necessary to remove lhe cause or causes of such unfaii-ness. 8.17 Captions; Interpretation. Tlae captions of th.e Sections and Articles of this A�reement are for convenience only and are not intended to affect the iiiterpretation or construction of the provisions herein contained. 8.18 Counier,�arts. t 025A43-6 2Q DRAFT 12/12/07 3:00 PM