AG 2007 12 17 - Laserfiche WebLink

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The parties each agree that, in the event of termination of this Agreement for any reason, it shall not under any circumstances retain any information written or otherwise recorded concerning the other party. Each agrees that a breach or a threatened breach by such disclosing party, or any agent, employee or contractor thereof, of the provisions of this section would cause immediate. and irreparable injury, loss or damage to the other and that monetary damages would be difficult if not impossible to ascertain. For this reason, each party agrees that the other shall be entitled, in addition to all other remedies at law; to injunctive relief, including a temporary restraining order, a preliminary injunction and a permanent injunction enjoining the other party from breaching the provisions of this section, as well as all reasonable attorneys' fees incurred to enforce the provisions of this section, if BI- Tek obtains a judgment against Licensee at trial.. This covenant shall survive termination of this Master Agreement. ffi the event that either party becomes legally compelled to disclose any confidential information, then such disclosing party will provide the nondisclosing parry prompt notice so that it may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Master Agreement. In such case, the disclosing party will furnish only that portion of the information which is legally required and will exercise its "best efforts" to obtain a required protective order or other reliable assurance that confidential treatment will be accorded the confidential information. 10. Termination. The Licensee and BI-Tek may terminate this Agreement at. any time.upon their mutual written consent. BI-Tek or Licensee may also unilaterally terminate this Agreement upon thirty (30) days prior written notice to the other party. Notwithstanding the foregoing, if Licensee terminates this Agreement, then it shall remain liable for payment of all sums then due, for all Services provided up to the date of Termination. 11. Miscellaneous. a. This Master Agreement shall be binding upon each of the parties' respective heirs, successors and assigns. b. This Master. Agreement shall be governed by and interpreted according to the laws of the State of North Carolina. c. This Master Agreement constitutes the entire agreement between the parties with respect to the matters outlined herein and maybe changed only by a document in writing signed by the parties. d. The invalidity or unenforceability of any particular provision of this Master Agreement shall not affect the other provisions hereof, and the Master Agreement shall be construed in all respects as though such invalid or unenforceable provision was omitted e. This Master Agreement may not be assigned by either party without G-Iy