6B (3) - Laserfiche WebLink

Home Browse Search

Btrkton IDentifying Customers- 16. Force Majeure. Neither Buxton nor Client shall be in default hereunder by reason of its delay in the performance or failure to perform any of its obligations hereunder if such delay or failure is caused by strikes, acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with governmental laws, rules or regulations, delays in transit or delivery, or any factor beyond its control or without its fault or negligence. Notwithstanding anything to the contrary set forth in this Agreement, if either party's delay in performance or failure to perform persists for at least 10 consecutive days, the non - delaying party shall have the right, in its discretion, to terminate without liability its obligations under this Agreement upon written notice to the affected party. 17. Assignment. Assignment by Buxton of any right, obligation, duty or of any other interest hereunder, in whole or in part, shall require prior written consent of Client, which consent shall be granted if such assignment is in connection with the sale of all or substantially all of the assets of Buxton to a successor that agrees in writing to be bound by all of the terms and provisions of this Agreement and if Client in its good faith discretion is satisfied that such successor has the capability to perform Buxton's obligations under this Agreement. All rights, obligations, duties and interests of any party under this Agreement shall inure to the benefit of and be binding on all successors in interest and assigns of such party and shall survive any acquisition, merger, reorganization or other business combination to which it is a party. 18. No Implied Waivers. Failure by either party at any time to require performance by the other party of any provision hereof shall in no way affect the right to require full performance any time hereafter, nor shall the waiver by either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of same or any other provision, nor constitute a waiver of the provision itself. 19. Requisite Authority. The individuals executing this Agreement on behalf of Buxton and Client, respectively, have all the requisite authority to execute it in the capacities listed herein and have been duly authorized by Buxton and Client, respectively, to execute this Agreement. 20. Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not limit, modify or affect in any way the meaning or interpretation of this Agreement. 21. Neither Party to be Considered Drafter of this Agreement. Neither Buxton nor Client shall be considered to be the drafter of this Agreement or any of its 2651 South Polaris Drive, Fort Worth, TX 76137 - www.buxtonco.com - 888- 2Buxton