Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 ARTICLE 13 MISCELLANEOUS AGREEMENTS 2 13.01 GOVERNING LAW 3 This Agreement shall be governed by, and construed and enforced in accordance with, 4 the laws of the State of California. 5 13.02 JURISDICTION 6 Any lawsuits between the parties arising out of this Agreement shall be brought and 7 concluded in the courts of the State of California, which shall have exclusive jurisdiction 8 over such lawsuits. With respect to venue, the parties agree that this Agreement is 9 made in and will be performed in San Mateo County. 10 13.03 BINDING ON SUCCESSORS 11 The provisions of this Agreement shall inure to the benefit of and be binding on the 12 successors and permitted assigns of the parties. 13 13.04 PARTIES IN INTEREST 14 Nothing in this Agreement is intended to confer any rights on any Persons other than the 15 parties to it and their successors and permitted assigns. 16 13.05 WAIVER 17 The waiver by either party of any breach or violation of any provisions of this Agreement 18 shall not be deemed to be a waiver of any breach or violation of any other provision nor 19 of any subsequent breach or violation of the same or any other provision. 20 13.06 ATTACHMENTS 21 Each of the Attachments, identified as Attachments "1" through "19," is attached hereto 22 and incorporated herein and made a part hereof by this reference. 23 13.07 ENTIRE AGREEMENT 24 This Agreement, including the Attachments, represents the full and entire agreement 25 between the parties with respect to the matters covered herein and supersedes all prior 26 negotiations and agreements, either written or oral. 27 13.08 SECTION HEADINGS 28 The article headings and section headings in this Agreement are for convenience of 29 reference only and are not intended to be used in the construction of this Agreement nor 30 to alter or affect any of its provisions. 31 13.09 INTERPRETATION 32 Each party has participated in the preparation of this Agreement with the assistance of 33 legal counsel to the extent desired. Accordingly, this Agreement shall be interpreted and 34 construed reasonably and neither for nor against either party 35 13.10 AMENDMENT 36 This Agreement may not be modified or amended in any respect except by a writing 37 signed by the parties. Operating Agreement for Shoreway Center Page - 53 - 7/30/09