Laserfiche WebLink
<br /> <br />CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11 <br />Page 21 of 41 <br /> <br />18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the <br />federal laws of Canada and the laws of the province of Ontario, as applicable. This Agreement <br />expressly excludes that body of law applicable to choice of law, the Uniform Commercial Code <br />and the United Nations Convention on Contracts for the International Sale of Goods and any <br />legislation implementing such Convention, if otherwise applicable. Organization and Harris <br />hereby waive, to the fullest extent permitted by applicable law, the right to trial by jury in any <br />action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise, <br />relating directly or indirectly to this Agreement or any acts or omissions of Harris in connection <br />therewith or contemplated thereby. <br />18.2 Mediation. Except where this Agreement explicitly states that this Section does not apply, the <br />parties agree to submit any claim, controversy or dispute arising out of or relating to this <br />Agreement or the relationship created by this Agreement to non-binding mediation before <br />bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is <br />to be conducted by either an individual mediator or a mediator appointed by mediation services <br />mutually agreeable to the parties. Such mediator shall be knowledgeable in software system <br />agreements. The mediation shall take place at a time and location which is also mutually <br />agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days <br />after either party notified the other of its desire to have a dispute be placed before a mediator. <br />The costs and expenses of mediation, including compensation and expenses of the mediator <br />(and except for the attorneys’ fees incurred by either party), is to be shared by the parties <br />equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) <br />days after the date either party provides the other notice of mediation, then either party may <br />bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time <br />period is extended by a written agreement of the parties. Nothing in this Section 18.2 shall <br />inhibit a party’s right to seek injunctive relief at any time. <br />18.3 Notice. Any notice required or permitted to be given to any party to this Agreement shall be <br />given in writing and shall be delivered either personally, mailed by prepaid registered post or <br />sent by facsimile to the appropriate address or facsimile number set out below. Any such notice <br />shall be conclusively deemed to have been given and received on the day on which it is <br />delivered or transmitted (or on the next succeeding business day if delivered or received by <br />facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received <br />by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, <br />if mailed, on the third business day following the date of mailing, and addressed, in the case of <br />Harris, to: <br />N. HARRIS COMPUTER CORPORATION <br />1 Antares Drive, Suite 400 <br />Ottawa ON, K2E 8C4 Canada <br />Attention: GENERAL COUNSEL <br />Telephone: (613) 226-5511 X2065 <br /> <br />With a copy to: <br />CAYENTA <br />8333 Eastlake Dr. #101, <br />Burnaby, BC V5A 4W2 Canada <br />Attention: EXECUTIVE VICE PRESIDENT <br />Telephone: (866) 229-3682 <br />Facsimile: (604) 291-0742