11-28-2012 Additions - Laserfiche WebLink

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In the event of any controversy or litigation arising out of the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including costs of settlement negotiations, mediation or appeals, in addition to all other relief to which such party is otherwise entitled. The parties agree that, as to Consultant, its principals, employees and subcontractors, liability for damages, including attorney's fees and costs shall not exceed the value of this agreement ($2,000.00). Client specifically understands that, due to the nature of this engagement, Consultant would not have entered this agreement but for this limitation on damages. Client specifically agrees that Consultant is not visiting the subject site and is relying upon information from multiple sources, the reliability of such information Consultant cannot and does not warrant. 9. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted under the laws of the State of Florida, without regard to the conflicts of law rules thereof. Jurisdiction will be under any court of competent jurisdiction in Southwest Florida. The parties agree that potential damages arising from such litigation shall not exceed the value of this agreement. 10. ARBITRATION. The parties agree that any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof, or arising out of or relating to the services of the Consultant, or the termination thereof, including any claims under federal, state, or local law, shall be resolved by arbitration. The parties agree that any award rendered by the arbitrator shall be final and binding, and that judgment upon the award may be entered in any court having jurisdiction thereof. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings between them relating hereto. 12.AMENDMENT AND MODIFICATION. No amendment or modification of or supplement to this Agreement will be effective unless it is in writing and duly executed by the parties hereto. 13.ASSIGNMENT. This Agreement contemplates the personal services of Consultant to perform Services. Consultant shall not assign or transfer its interest in this Agreement without the prior written consent of Client. 14. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' successors and permitted assigns, if any. 15. COUNTERPARTS.