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<br /> L'lJ <br /> such payment. No term, provision, covenant or condition of this <br /> Agreement shall be deemed to have been waived by any party, <br /> unless such waiver shall be in writing and executed by a duly <br /> authorized representative of such party. <br /> 8.3 Remedies Cumulative. Except as specifically provided <br /> in this Agreement, all rights and remedies enumerated in this <br /> Agreement shall be cumulative, may be exercised and enforced <br /> concurrently, and shall not exclude any other right or remedy <br /> allowed by law or equity. <br /> 8.4 Excusable Delay. Neither party shall be liable for any <br /> delay or failure to perform for any cause beyond that party's <br /> reasonable control, whether foreseeable or not. The parties <br /> agree that upon the occurrence of any of the foregoing, they <br /> shall deal with each other l.n good faith so as to minimize the <br /> losses suffered by each party. <br /> 8.5 Nòtices. To be effective, every notice, approval, <br /> acceptance, consent or other communication authorized or required <br /> by this Agreement shall be in writing and shall be: ( i) sent <br /> postage prepaid by United States registered or certified mail, <br /> return receipt requested¡ or (ii) by telefacsimile, (iii) <br /> delivered in hand, or (iv) by overnight delivery service, and if <br /> intended for Client the notice shall be addressed to the person <br /> and address stated on the first page of this Agreement. Notice <br /> for methods (i) through (iii) shall be deemed effective upon <br /> receipt and notice for (iv) shall be deemed effective on the <br /> business day following transmittal. If intended for Sandpiper, <br /> the notice shall be addressed to: <br /> Sandpiper Systems, Inc. <br /> 214 North Churcà Street, Suite 220 <br /> Charlotte, North Carolina 28202 <br /> Attention: Lee Pagani, President <br /> with a copy furnished to: <br /> Smith Helms Mulliss & Moore <br /> 227 North Tryon Street <br /> P. O. Box 31247 <br /> Charlotte, North Carolina 28231 <br /> Attention: Christopher S. Nesbit, Esq. <br /> Either party may designate a change of address for this provision <br /> by notice given in accordance with this paragraph. <br /> 8.6 Governinq Law. This Agreement shall be deemed to have <br /> been made and entered into in the State of North Carolina and all <br /> rights and obligations of the parties hereto shall be governed by <br /> and construed in accordance with the internal laws of the State <br /> of North Carolina excluding its conflict of laws rules. <br />