AG 2002 08 19 (Regular) - Laserfiche WebLink

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Hartsell & Williams PA 71 McCachem Blvd. .P.O. Box 368 Concord, NC 28025 Attn: Marilyn Porter, Esq. (b) Representatives: During the Term of this Agreement, each party shall designate in writing an individual who will serve as its representative with respect to the resolution of disputes which may arise in connection with the administration of this Agreement. Principal initially designates Mark R. Chappuis as Principal's representative in such capacity. Ticketmaster initially designates Geoffrey M..Cams as Ticketmaster's representative in such capacity. (c) Effect of Waiver: No delay or omission to exercise any right or remedy in favor of Ticketmaster or Principal upon any breach or default hereunder shall impair any such right or remedy or be construed to be a waiver of any such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval on the part of Ticketmaster or Principal of any breach or default under this Agreement, or of any provision or condition hereof, must be 'made in writing and shall be effective only to the extent specifically set forth in such writing. (d) No Joint Venture: The relationship of Ticketmaster and Principal hereunder shall in no way be construed to create a joint venture or partnership, or to constitute either party as an agent or employee of the other party for any purpose other than as set forth herein. (e) Attorneys' Fees: In the event of any action at law or suit in equity in relation to this Agreement, the prevailing party shall be entitled to the reasonable amount of its attorneys' fees and costs. (f) Applicable Law: This Agreement shall be 'governed by, construed, interpreted, and enforced under 'the laws of the State of North Carolina and the United States without regard to conflict of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be North Carolina state, courts of Cabarrus County, North Carolina and United States federal courts having within their jurisdiction the location of the first Ticketmaster office referenced in Section 21(a)(i) above. Principal and Ticketmaster consent to the jurisdiction of such courts and hereby waives, to the fullest extent permissible, the defense of an inconvenient venue or forum to the maintenance of any such proceeding. (g) Additional Documents: Each of the parties hereto agrees to execute and deliver such additional and further documents and instruments as may be necessary or appropriate to carry out the intents and purposes of this Agreement. (h) Severability: In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality 'or unenforceability shall not affect any other provision of this C:\WlNDOWSLDesktop\Cabarrus Pa'cna LUA Final 081702.doc 17