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If to Vendor: <br />Lion <br />7200 Poe Avenue <br />Suite 400 <br />Dayton, OH 45414 <br />ATTN: Will Antunes <br />Either Patty may change its notice address by giving the other Party written notice of such <br />change in the manner specified above. <br />ARTICLE 16 - FORCE MAJEURE <br />Except for Purchaser's obligation to pay for products and services delivered, delay in <br />performance or non-performance of any obligation contained herein shall be excused to the <br />extent such failure or non-performance is caused by force majeure. For purposes of this <br />Agreement, "force majeure" shall mean any cause or agency preventing performance of an <br />obligation which is beyond the reasonable control of either Party hereto, including without <br />limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, <br />riot, acts of governmental authority (including, without limitation, acts based on laws or <br />regulations now in existence as well as those enacted in the future), acts of nature, and delays or <br />failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure <br />shall promptly provide notice to the other, explaining the nature and expected duration thereof, <br />and shall act diligently to remedy the interruption or delay if it is reasonably capable of being <br />remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that <br />have been suspended shall not be required to be made upon the resumption of performance. <br />ARTICLE 17 - WAIVER <br />No delay or failure by either Party to exercise any right, remedy or power herein shall <br />impair such Party's right to exercise such right, remedy or power or be construed to be a waiver <br />of any default or an acquiescence therein; and any single or partial exercise of any such right, <br />remedy or power shall not preclude any other or further exercise thereof or the exercise of any <br />other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing <br />executed by the waiving Party and then only to the extent expressly set forth in such writing. <br />ARTICLE 18 - PARTIES BOUND; ASSIGNMENT <br />This Agreement shall inure to the benefit of and shall be binding upon the respective <br />successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by <br />Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or <br />delayed. Vendor shall not delegate its duties under this Agreement nor assign monies due or to <br />become due to it hereunder without prior written consent of Purchaser. Purchaser may freely <br />assign this Agreement to an instrumentality thereof or to a third party responsible for <br />administering this Agreement on behalf of Purchaser. <br />10 <br />