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<br /> <br /> <br /> <br /> <br /> <br /> <br />Rev. 06022016 14 of 15 <br /> <br /> <br />8. Remedies. Each party to this NDA acknowledges and agrees that, given the nature of the <br />Confidential Information and the competitive damage that would result if the Confidential <br />Information is used by the Receiving Party other than as is p rovided for herein or disclosed to any <br />third party, money damages would not be a sufficient remedy for any breach of this NDA, and that, <br />in addition to all other remedies, the aggrieved party shall be entitled to specific performance and <br />injunctive or other equitable relief as a remedy for any such breach. The parties further agree to <br />waive any requirement for the securing or posting of any bond in connection with such remedy. <br /> <br />9. Miscellaneous. <br /> <br />9.1. The obligations assumed by the parties pursuant to paragraphs 2, 3, 6, 7, 8, 9.4, 9.8 and 9.9 <br />hereof shall survive the expiration or earlier termination of this NDA. <br /> <br />9.2. In the event suit is brought to enforce or interpret any part of this NDA, the prevailing party <br />shall be entitled to recover as an element of the costs of suit, and not as damages, <br />reasonable attorneys’ fees to be fixed by the Court. <br /> <br />9.3. No provision of this NDA may be waived unless in writing, signed by all of the parties hereto . <br />Waiver of any one provision of this NDA shall not be deemed to be a continuing waiver or a <br />waiver of any other provision. This NDA may be modified or amended only by a written <br />agreement executed by all of the parties hereto. <br /> <br />9.4. This NDA shall be governed and construed in accordance with the laws of the State of <br />Delaware, without regard to choice of law principles. <br /> <br />9.5. Neither this NDA nor any duties or obligations hereunder shall be assigned or transferred by <br />a party without the prior written approval of the other party, which approval shall not be <br />unreasonably conditioned, withheld, or denied. <br /> <br />9.6. All notices under this NDA will be in writing and will be delivered by personal service, facsimile <br />or certified mail, postage prepaid, or overnight courier to such address as may be designated <br />from time to time by the relevant party, which initially shall be the address set forth on the <br />signature page to this NDA. Any notice sent by certified mail will be deemed to have been <br />given five (5) days after the date on which it is mailed. All other notices will be deemed given <br />when received. No objection may be made to the manner of delivery of any notice actually <br />received in writing by an authorized agent of a party. <br /> <br />9.7. If any provision of this NDA is held by a court of competent jurisdiction to be invalid, void , or <br />unenforceable, the remaining provisions shall nevertheless continue in full force without <br />being impaired or invalidated in any manner. <br /> <br />9.8 Neither party shall make any public announcement concern ing this NDA or any Agreement <br />between the parties without the advance approval of the other party. Notwithstanding the <br />foregoing, if the parties are unable to agree on a mutually acceptable announcement, a party <br />may nevertheless issue a press release if it is advised by counsel that such release is <br />necessary to comply with applicable securities or similar laws. <br /> <br />9.9 Each party represents and warrants that the person signing on its behalf has the requisite <br />authority to bind the respective party to the terms and conditions contained herein.