Res 2006-014 - Laserfiche WebLink

Home Browse Search

I I I liquidated damages, due to the difficulty and inconvenience of ascertaining and measuring actual damages, and the uncertainty thereof. ARTICLE 11 Miscellaneous Section 11.1 Notices. All notices, demands, or other communications of any type (herein collectively referred to as ''Notices'') given whether required by this Contract or in any way related to the transactions contracted for herein, shall be in writing and delivered to the person to whom the notice is directed, at the address or facsimile number set forth on the signature page hereof, either in person (provided that such delivery is confirmed by the courier delivery service), or by expedited delivery service with proof of delivery, or by United States Mail, postage prepaid, as a Registered or Certified item, Return Receipt Requested. Notices delivered by personal delivery shall be deemed to have been given at the time of such delivery and notices delivered by mail shall be effective when deposited in a Post Office or other depository under the care or custody of the United States Postal Service, enclosed in a wrapper with proper postage affixed and addressed, as provided below. Notice may additionally be provided by facsimile transmission so long as a copy of such notice is simultaneously forwarded by one of the other means described above. Facsimile notice shall be effective upon receipt at the facsimile station indicated below. Any party hereto may change the address for notice specified above by giving the other party ten (10) days' advance written notice of such change of address. Section 11.2 Governing Law. THIS CONTRACT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Section 11.3 No Oral Modification. This Contract may not be modified or amended, except by an agreement in writing signed by both the Seller and the Purchaser. Section 11.4 No Oral Waiver. The parties may waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions or obligations. Section 11.5 Time of Essence. Time is of the essence of this Contract. Section 11.6 Attornevs' Fees. In the event it becomes necessary for either party hereto to file a suit to enforce this Contract or any provisions contained herein, the party prevailing in -such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees and court costs incurred by such prevailing party in such suit. Section 11.7 Headings. The descriptive headings of the various Articles and Sections contained in this Contract are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. Section 11.8 Total Agreement. This Contract and the Exhibits hereto constitute the entire agreement among the parties pertaining to the subject matter hereof and supersedes all -13-