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<br />12 <br /> <br />counsels is for information only, is not required for valid Notice and does not alone constitute Notice <br />hereunder. <br />(c) Waiver, Consent and Remedies. Each provision of this Agreement to be <br />performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material <br />consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof <br />by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and <br />expressly waive in writing any portion of this Agreement or any bre ach thereof, but no such waiver <br />shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any <br />other provision. A waiving party may at any time thereafter require further compliance by the other <br />party with any breach or provision so waived. The consent by one party to any act by the other for <br />which such consent was required shall not be deemed to imply consent or waiver of the necessity of <br />obtaining such consent for the same or any similar acts in the future. No wa iver or consent shall be <br />implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. <br />All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements <br />contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. <br />Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, <br />options or remedies hereunder or may seek damages or specific performance in the event of the other <br />party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in <br />this Agreement. <br />(d) Cooperation. Buyer and Seller agree to execute such instruments and <br />documents and to diligently undertake such actions as may be required in order to consummate the <br />purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing <br />in accordance with the provisions hereof and, following Closing. <br />(e) Time. Time is of the essence of every provision h erein contained. In the <br />computation of any period of time provided for in this Agreement or by law, the day of the act or <br />event from which said period of time runs shall be excluded, and the last day of such period shall be <br />included, unless it is a Saturday, Sunday, City closure, or legal holiday, in which case the period shall <br />be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, City closure, or legal <br />holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date <br />or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. <br />(f) Counterparts; Electronic Signatures. This Agreement may be executed in <br />multiple counterparts, each of which shall be deemed an original, but all of which, together, shall <br />constitute but one and the same instrument. An electronic signature shall be deemed an original <br />signature. <br />(g) Captions. Any captions to, or headings of, the sections or subsections of this <br />Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and <br />shall not be used for the interpretation or determination of the validity of this Agreement or any <br />provision hereof. <br />(h) No Obligations to Third Parties. The execution and delivery of this <br />Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this <br />Agreement to, any person or entity other than the parties hereto. <br />EXHIBIT 4