Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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Parties in writing), either Party may initiate litigation in any court of competent jurisdiction. The Parties shall share equally all fees and expenses payable to any mediator retained hereunder. 145. Continued Performance; No Tolling of Cure Periods. Except when clearly prevented from doing so by the matter in dispute, the Parties shall continue performing their obligations under this Agreement while any Dispute is being resolved as provided in this Article unless and until such obligations are terminated by the termination or expiration of this Agreement. The time frame for a Party to cure any breach of the terms of this Agreement shall not be tolled by the pendency of any dispute resolution procedures. 146. Equitable Relief. Notwithstanding anything contained in this Agreement to the contrary, the Parties shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction whenever the facts or circumstances would permit a Party to seek such equitable relief without obligation to post bond. ARTICLE XII FORCE MAJEURE 147. Suspension of Obligations. If, because of a Force Majeure event, either Party is unable, in whole or in part,to carry out its obligations under this Agreement,then such Party shall give written notice and reasonably full details of the Force Majeure event to the other Party as soon as possible after the event's occurrence. Upon such notice, the obligations of the noticing Party (other than the obligation to make any payments under this Agreement)shall be suspended during the period in which the Party is unable to perform because of the Force Majeure event, but for no longer period,provided that: a. the burden of proof on whether a Force Majeure event has occurred shall be upon the Party claiming Force Majeure; 48 (00018638.DOC 2-1-24)