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8. Notices. All notices and other communications under this Agreement shall be in <br />writing and shall be deemed given if properly addressed and: (a) if delivered personally, by <br />commercial delivery service or by facsimile (with acknowledgment of a complete transmission) <br />or electronic mail, on the day of delivery; or (b) if delivered by registered or certified mail (return <br />receipt requested), three (3) business days after mailing; or (c) if delivered by first class mail, three <br />(3) business days after mailing. <br />9. Delivery by Facsimile. This Agreement and any amendments hereto, to the extent <br />signed and delivered by means of electronic delivery (e.g., facsimile machine or e-mail), shall be <br />treated in all manner and respects as an original contract and shall be considered to have the same <br />binding legal effects as if it were the original signed version thereof delivered in person. At the <br />request of any party hereto, each other party hereto shall re -execute original forms thereof and <br />deliver them to all other parties. No party hereto shall raise the use of electronic delivery as a <br />means to deliver a signature or the fact that any signature or contract was transmitted or <br />communicated through the use of electronic delivery as a defense to the formation of a contract <br />and each such party waives any such defense. <br />10. Severability. If any term or provision of this Agreement is or shall become illegal, <br />invalid or unenforceable in any jurisdiction, all other terms and provisions of this Agreement shall <br />remain legal, valid and enforceable in such jurisdiction and such illegal, invalid or unenforceable <br />provision shall be legal, valid and enforceable in all other jurisdictions. <br />11 Confidentiality. Each party to this Agreement agrees that it shall keep this <br />Agreement and all of the information regarding this Agreement and the arrangements described <br />herein strictly confidential and not disclose them to arty other person, except his attorneys and <br />financial and tax; advisors, who shall each agree to keep all such information confidential. <br />12. Counterparts. This Agreement may be executed in counterparts, each of which <br />shall be an original and all of which taken together shall constitute one and the same agreement. <br />13. Termination. If a Building Permit or RSP is not issued by the City to Purple <br />Hollistic pursuant to the SAMC, this Agreement shall terminate and be void and of no effect. <br />14. Exclusive Agreement. This Agreement supersedes all prior agreements among the <br />parties hereto with respect to its subject matter and constitutes a complete and exclusive statement <br />of the terms of the agreement between the parties hereto with respect to its subject matter. <br />3 <br />