AG 2008 08 18 - Laserfiche WebLink

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expressly agrees that Buyer shall have the right to choose to enforce any or all such rights, privileges or remedies. 23. SUCCESSORS AND ASSIGNS. The designation Saller and Buyer as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 24. ENTIItE AGREEMENT. Each exhibit attached to and referred to in this Agreement is hereby incorporated by reference as though set forth in full where referred to herein. The recitals are incorporated herein by reference as matters of contract and not mere recital. This Agreement constitutes the entire Agreement between the parties and shall become a binding and enforceable Agreement among the parties hereto upon the-full and complete execution and unconditional delivery of this Agreement by all parties hereto. No prior verbal or written Agreement shall survive the execution of this Agreement. In the event of an alteration of this Agreement, the alteration shall be in writing and shall be signed by Seller and Buyer in order for'the same to be binding upon both parties. Since the parties hereto have participated in extensive negotiations in the drafting of the terms and provisions of this Agreement, the parties agree that this Agreement shall be construed without regard to the identity of the person or party who drafted the various provisions and any rule of construction that document is to be construed against the drafting party shall not be applicable. 25. LITIGATION. In the event of any litigation in relation to or in connection with this Agreement or the transaction contemplated hereby, the unsuccessful party, in addition to all other sums that the unsuccessful party may be required to pay, shall be required to pay all costs of court and a reasonable sum for the successful party's attorneys' fees. 26. RELATIONS~IIP OF THE PARTIES. Nothing contained herein shall be deemed, construed or interpreted, either by the parties hereto or by any third party, as creating a relationship of principal and agent, a partnership or a joint venture between the parties. It is understood that the relationship is an arms length one that shall at all times be and remain that of a buyer and a seller. 27. COUNTERPARTS. This Agreement may be executed in counterpart originals, each of which when duly executed and delivered shall be deemed an original and all of which when taken together shall constitute one instrument. 28. FORMAL BUYER APPROVAL, Seller acknowledges that the municipal laws and rules by which Buyer must adhere to require formal review and approval of this Agreement by the entire Cabarrus County School Board and the Cabarrus County Board of Commissioners. In the event that either of the foregoing boards fails to approve this Agreement in the form agreed to by Seller, then Saller shall be entitled to terminate this Agreement, Buyer shall be entitled to a return of the Deposit, and neither party shall have any further rights or liabilities hereunder. [SIGNATURE PAGE TO FOLLOW] tz WCSR 3614883v5