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the exercise of any other right, power or privilege. No waiver of any breach of any <br />provision shall be deemed to be a waiver of any preceding or succeeding breach of the <br />same or any other provision, nor shall any waiver be implied from any course of dealing. <br />16. Entire Agreement; Amendments. This Agreement contains the entire <br />agreement between the Parties as to the subject matter hereof and supersedes all previous <br />written and oral negotiations, commitments, proposals and writings. No amendments <br />may be made to this Agreement except by a writing signed by both Parties. <br />17. Counterparts Signatures. This Agreement may be executed in <br />counterparts, both of which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. A facsimile or scanned signature may substitute <br />for and have the same legal effect as an original signature. Any copy of this executed <br />Agreement made by photocopy, facsimile or scanner shall be considered the original for <br />all purposes. <br />18. Authorization. Each Party represents that its execution, delivery and <br />perfonnance under this Agreement have been duly authorized by all necessary action on <br />its behalf, and do not and will not violate any provision of its charter or enabling <br />legislation or result in a material breach of or constitute a material default under any <br />agreement, indenture, or instrument of which it is a party or by which it or its properties <br />may be bound or affected. <br />IN WITNESS WHEREOF. the Parties hereto have caused the execution of this <br />Agreement as of the date first written above. <br />[SIGNATURES BEGIN ON NEXT PAGE] <br />