2004 - 12-13-04 Regular Meeting - Laserfiche WebLink

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BOOK OLv PscF 159 Agreement shall constitute a waiver of any other breach of such provision or of any other provision thereof. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof and cannot be amended or terminated orally. All prior agreements, understandings, representations and statements, whether oral or written, are merged into this Agreement. 18. Severability. The parties agree that if any provision of this Agreement, or portion thereof, shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall be confined to the operation of the provision at issue and shall not affect or invalidate any other provision of this Agreement, and such court shall be empowered to substitute, to the extent enforceable, provisions similar thereto or other provisions so as to provide to the fullest extent permitted by applicable law the benefits intended by such provisions . 19. Section Headings. Section headings contained in this Agreement are included for convenience only and do not define, limit or describe the scope or intent of this Agreement or in any way affect this Agreement. 20. Applicable Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina. 21. Execution. The parties agree to execute all documents, instruments or further assurances as may be necessary or required to effectuate and complete all transactions contemplated by this Agreement. 22. Multiple Originals. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and it shall not be necessary to make any proof of this Agreement to produce or account for more than one such counterpart. 23. Survival. Survival of the representations, warranties and indemnifications made by any party to this Agreement shall survive the Agreement of the parties. The representations, warranties and indemnifications hereunder shall not be affected or diminished by any investigation at any time by or on behalf of the party for whose benefit the warranties and representations were made. I-or purposes of this paragraph, the contract shall be construed as a continuing contract so as to bind future boards to the extent permitted by law. 12/07/2004 10.40 MA 8