CCP 08-13-2013 - Laserfiche WebLink

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Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Agreement. 5.04 Complete Agreement. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between Lessor and Lessee and that no other agreements, promises, or understandings shall or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. No provision of this Agreement will be deemed to be waived by either party unless expressly waived in writing by the waiving party. No waiver by either party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 5.05 Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises are located. 5.06 Notices. All notices and other communications including changes in the Lessor's Rent Payee, required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, by hand delivery (including by means of a professional messenger service) or by a nationally recognized overnight courier, postage prepaid, addressed to the party for whom it is intended at its address set forth in Article 1. Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 5.07 Authority. Each of the individuals executing this Agreement on behalf of the Lessee or the Lessor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 5.08 Disputes. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Lessor, Lessee and their respective Affiliates to recover their fees and expenses. 5.09 Recording. Lessor shall execute and Lessee shall be permitted to record, at any time, a memorandum of this Agreement. If this Agreement is terminated prior to the 12