CCP 07-21-1997 - Laserfiche WebLink

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1 I (H) Words of any gender used in this Agreement shall be held and construed to -. include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires othetwisc. (I) The paragraph headings herein are for reference purposes only and arc not I intended in any way to describe, interpret, define or limit the scope, cxtent or intent of this Agreement or any part hereof. Thc failure by cither party to enforce against the other any term or I provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce against the other party the same or any other such term or provision. (J) This Agreement may be executed in multiple originals or counterparts, each of I which will be an original and, when all of the parties to this Agreement have signed at least one (I) copy, such copies together will constitute a fully executed and binding Agreement. I (K) If either party files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by a third party I arising out of this Agreement, then as between Purchaser and Seller, the prevailing party shall be entitled to recover, as an elemcnt of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. I (L) If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by rcason of strikes, lockouts, labor troubles, fires, .. Acts of God, natural disasters, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the I fault of the party delayed in performing work or doing acts required under this Agreement, the period for the performance of any such work or act shall be extended for a period equivalent to the period of such delay. I (M) Each party represents and warrants to the other that neither it nor its agents or representatives have engaged or dealt with any broker, agent or finder with respect to the I transaction contemplated herein, except for who is to receive a commission from (in the amount and pursuant to the terms agreed to between and said broker), and each party agrees to indemnifY and hold harmless the I other party from any and all claims, costs, liabilities and expenses (including court costs and reasonable attorneys' fees) incurred by the other party as a result of the indemnifYing party's breach of its representation and warranty hereunder. I 17. PURCHASER'S INDEMNTFICA TION. I In the event that this Agreement is terminated by either Purchaser or Seller prior to Closing, and notwithstanding the fact that such termination shall release Purchaser from its I obligation to buy the Property, nothing herein shall be deemed to release Purchaser from any liability arising out of Purchaser's activities (or those of its employees, agents, or contractors) on .. the Land, including, but not limited to, its actions on the Land while exercising its rights pursuant to Section 10 hereto. This provision shall survive Closing of the transaction herein 12 I