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3 <br /> <br />7. The Parties have entered into this Agreement freely and voluntarily and with the <br />advice of legal counsel. No Party shall be deemed to be the drafter of this Agreement. <br />8. The Parties each represent and warrant that the individual signing the Agreement <br />on behalf of such Party is duly authorized to enter into this Agreement and to execute and legally <br />bind such Party to it. The Parties further represent and warrant that they have taken all necessary <br />corporate and legal actions to duly approve the making and performance of this Agreement and <br />that no further corporate or other approval is necessary; and that the making and performance of <br />this Agreement will not violate any provision of law or of their respective articles of incorporation <br />or by-laws. <br />9. The Agreement has been entered into without any concession of liability or non- <br />liability whatsoever . <br />10. All rights of both Parties under this Agreement are specifically reserved. Any <br />payment, act or omission by a party shall not impair or prejudice that Party’s remedies or rights <br />under this Agreement. Any right or remedy stated in this Agreement shall not preclude exercising <br />any other right or remedy, whether under this Agreement, the law, or at equity; and neither shall <br />any action taken in exercising any right or remedy be deemed a waiver of any other rights or <br />remedies. <br />11. This Agreement does not, and is not intended to, create any rights in, or waive any <br />rights with respect to, any third Parties or any other properties than those at issue in the dispute. <br />No one other than the Parties shall have any legally enforceable rights or benefits under this <br />Agreement. <br />12. No Party shall assign any rights or obligations conferred by this Agreement, <br />whether actual or potential, except by merger, without first obtaining the express written consent