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may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten <br />(10) calendar days due to such force majeure event, In which case KaSOGMI shall refund to the Community Partner <br />any amounts paid to K,9900 , less expenses already committed and/or Incurred prior to the date of such <br />termination. If, upon termination as provided herein, the sum due KaBOOMI by the Community Partners exceeds the <br />sum paid to KaBOOMI hereunder, the Community Partners shall pay KaBOOMI for any such additional sum due upon <br />presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any <br />termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other <br />party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to <br />such termination, <br />General Provisions, The Community Partners represents to KaBOOMI that all Information provided by it to KaBOOMI, <br />Including In the Playground Proflle Application, is true, correct and complete In all respects and does not omit any <br />information relevant to the Project. Each party has all requisite power and authority, including any necessary approval <br />by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This <br />Agreement may not be assigned or transferred by either party without the prior written consent of the other party <br />hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective <br />successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement <br />shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws <br />principles to the extent that the application of the laws of another Jurisdiction would be required thereby. This <br />Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement <br />may be executed in two or more counterparts, each of which shall be an original and all of which, when taken <br />together, shall constitute the same agreement and may be delivered by facsimile or electronic mall transmission with <br />the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to <br />be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery <br />addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at <br />the address set forth under such party's signature below. The Funding Partner shall be an intended third party <br />beneficiary of Sections 1(b), (e), (f), (g), (h), (1) and Q) and Sections 2(b), 3, 4 and 6 of this Agreement and Is entitled <br />to enforce its rights under such sections as If it were a party to this Agreement, <br />