AG 2002 04 15 (Regular) - Laserfiche WebLink

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Etix Proposal Xo XI. XII. XlII. XIV. XV. XVI. XVII. other party declaring its election to terminate. This Agreement shall automatically terminate in the event that either party suffers the appointment of a receiver for all or a substantial part of its assets or business, or otherwise takes advantage of or is subject to any other law relating to bankruptcy, insolvency, or retief fi-om the claims of creditors. No premature termination of the Agreemen~t shall affect any right of either party accruing prior to such termination, whether such right is conferred by the terms of the Agreement or arises under general principles of law. FORCE MAJEURE. Neither Party shall be responsible for any delay or failure of performance resulting from fire, strike, flood, labor dispute, domestic, or international unrest, delay in receipt of supplies, energy shortage, power failure, Internet failure, or any other cause beyond its reasonable control. COMPLIANCE WITH LAW. The parties hereto shall each comply with all laws and regulations respectively applicable to each party in connection with the operations contemplated hereunder. CONSTRUCTION. This is not an agreement of lease, partnership, or employment of INTELLI-MARK or any of INTELLI-MARK' employees by THE CLIENT. INTELLI- MARK shall not order any merchandise or equipment,- incur any indebtedness, enter into any undertaking or make any commitment in THE CLIENT name or purporting to be on THE CLIENT behalf, except as required to advertise, publicize, sell or do all things . pursuant or incidental to the purposes and 'intents of the agreement. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of North Carolina. NOTICE. All notices, approvals, or requests in connection with this Agreement shall be deemed given when deposited in the United States mail, certified, return receipt requested, with postage prepaid, or when sent by telegram. Notices shall be sent to the parties at their..respective addresses set forth in the first paragraph of this Agreement. Either party may change the address to which notices are to be sent by written notice to the other party. ASSIGNMENT. This Agreement may not be assigned by either party without the prior written consent of the other, except to a successor (by merger, purchase of assets or stock, consolidation, etc.) to all or substantially all of the assets of the assignor. To the extent that an assignment is so permitted, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of either party. Any other assignment or purported assignment of this Agreement shall be null and void. CONFLICTS. In the event INTELLI-MARK shall have a separate agreement similar hereto with the owner or management of the Facility at which the Attraction is to be performed, such separate agreement shall apply to such Attraction unless INTELLI- MARK is otherwise directed by the owner or management of such facility. SEPARABILITY OF PROVISIONS. In the event that any provision hereof shall be deemed in violation of any law or held to be invalid by any court in which this Agreement shall be interpreted, the violation or invalidity of any particular provision shall not be deemed to affect any other provision hereof but this Agreement' shall be thereafter interpreted as though the particular provision so held to be in violation or invalid were not contained herein. EXHIBIT. Exhibit A (Event Sheets and Venue Sheets) attached hereto is made apart hereof and incorporated into this Agreement. All events at Cabarrus Arena & Events Center and its affiliated venues are' included in this agreement.