Res 2012-079 - Laserfiche WebLink

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Section 9.4. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Section 9.5. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Section 9.6. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that neither party may assign any of its rights nor delegate any of its duties hereunder without the other party's prior written consent. Section 9.7. Validity. The invalidity of any provision or provisions of this Agreement shall not affect any other provision of this Agreement, which shall remain in full force and effect, nor shall the invalidity of a portion of any provision of this Agreement affect the balance of such provision. Section 9.8. Non - Waiver of Immunity. Nothing in this Agreement is intended as any waiver by the EAA or the City of San Marcos of any immunity from suit to which it is entitled under Texas law. Section 9.9. Survival. Termination of this Agreement for breach shall not constitute a waiver of any rights or remedies available at law or in equity to a party to redress such breach. All remedies, either under this Agreement or at law or in equity or otherwise available to a party, are cumulative and not alternative and may be exercised or pursued separately or collectively in any order, sequence or combination. In addition, to these provisions, applicable provisions of this Agreement shall survive any termination of this Agreement. Section 9.10. Attachments. The Exhibits, schedules and/or other documents attached hereto or referred to herein are incorporated herein and made a part hereof for all purposes. As used herein, the expression "Agreement" means the body of this Agreement and such attachments, Exhibits, schedules and /or other documents, and the expressions "herein," "hereof," and "hereunder" and other words of similar import refer to this Agreement and such attachments, exhibits, schedules and/or other documents as a whole and not to any particular part or subdivision thereof. Section 9.11. Costs. If any legal action, arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged breach or default relating to this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable costs incurred, including but not limited to attorney's fees, in such action or proceeding in addition to any other relief to which it or they may be entitled. 6 of 7