Res 1997-094 - Laserfiche WebLink

Home Browse Search

lI5'¡\) 27. NO THIRD PARTY BENEFICIARIES. This Lease and all other documents executed in connection herewith are for the sole and exclusive protection and benefit of the Lessor, any Assignees of Lessor, and Lessee, and no other person or entity shall have any right of action hereon. 28. APPLICABLE LAW. This Lease shall be governed by and construed in accordance with the laws of the State applicable to contracts made and to be perfonned entirely within the State. 29. TTh1E OF THE ESSENCE. Time is expressly made of the essence of this Lease. 30. NOTICES. All notices required or pennitted to be given hereunder shall be in writing and may be given in person (including express or courier service) or by United States mail, delivery service, or electronic ;-- transmission to the telecopier number set forth above. Any notice directed to a party hereunder shall become effective upon the earliest of the following: (a) actual receipt by that party; (b) delivery to the address of that party first set forth above (or to such other address as such party may from time to time designate in writing); (c) if given by United States mail, forty-eight (48) hours after deposit with the United States Postal Service, postage prepaid, addressed to the address of that party first set forth above (or to such other address as such party may ITom time to time designate in writing); or (d) if sent by telecopier, immediately upon transmission. .. 31. HEADINGS. The headings or captions of sections in this Lease are for convenience of reference only, and in no way define, limit or describe the scope or intent of this Lease or the provisions of such sections. 32. NO ORAL AGREEMENTS AND MODIFICATION. THIS WRITTEN AGREE1v1ENT, THE EQUIP:MENT SCHEDULE AND THE INSTRUMENTS AND DOCUMENTS EXECUTED IN CONNECTION HEREWITH REPRESENT TIm FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR CONTE.MPORANEOUS, OR SUBSEQUENT ORAL AGREE1v1ENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREE1v1ENTS BETWEEN THE PARTIES. All modifications, consents, amendments or waivers of any provisions of this Lease, or consent to any departure by Lessee thereITom, shall be effective only if the same shall be in writing and signed by Lessor. ..,.., WAIVER. No failure to exercise, and no delay in exercising, on the part of Lessor, any right .J.J. hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other further exercise thereof or the exercise of any other right. The rights of Lessor hereunder shall be in addition to all other rights provided at law or equity. No notice or demand given in any case shall constitute a waiver : - of the right to take other action in the same, similar or other instances without such notice or demand. 34. ATTORNEY FEES. In the event of any arbitration proceeding, bankruptcy proceeding, action at law or suit in equity in relation to this Lease, the prevailing party will be entitled to a reasonable sum for its attorneys' fees. 35. SUSPENSION OF LESSOR'S OBLIGATION. The obligation of Lessor hereunder will be suspended (or, at Lessor's option, terminated) to the extent that Lessor is hindered or prevented from complying herewith because oflabor disturbances, including, but not limited to, strikes and lockouts, acts of God, fires, stonns, accidents, failure of the manufacturer to deliver any item of Equipment, governmental regulations or interference or any cause whatsoever not within the sole and exclusive control of Lessor. 15