201007637 - Laserfiche WebLink

Browse

�aioo�s37 Section 11.5. Absence of Riehts in Third-Parties No provision of this Agreernent shall be construed in any manner sa as to create any rights in Persons or Entities that are nat a party to this Agreement other than Treasury and /or Tax Credit Investor as contemplated under this Agreement. The provisions of this Agreernent shall be interpreted salely to define speci�c duties and responsibilities between the Owner, the Authority, and shall not provide any basis for claims af any other Person or Entity other than Treasury. Section 11.6. A licabie Law This Agreement shall be construed and enforced in accordance with the internal laws of the State. Section 11.7. Counterparts This Agreernent may be executed in several counterparts, and all so executed shall constitute one agreement, binding an all the parties hereto. Any counterpart af this Agreement, which has attached ta it separate signature pages which together contain the signatures of all the parties hereta ar is executed by an attarn�y-in-fact on behalf of sorne or all of the parties, shall for all purposes be deemed a fully executed instrument. Sectian 11.8, Survival All representatians, warranties, and indemnificatians contained herein shall survive the termination of this Agreement. Section 11.9. Se arabilit of Provisions• Ri hts and Remedies• Cansistenc with Pro rarn Re nir�rnents (a) Each provision of this Agreement shall be considered separable and if far any reason any pravision or provisions herein are determined to be invalid and contrary ta any existing or future law, such invalidity shall not impair Che operatian of or affect those partions of this Agreerr►ent which are valid. (b) Unless othervvise specifically provided herein, the rights and rernedies of any of the parties hereunder shall not be mutually exclusive, and the exercise af one or mare of the provisions hereof shall not preclude the exercise of any othcr provisions hereof. Each of the parties confirnns that damages at law may be an inadequate remedy for breach or threat of brcach of any provisions hereof. The respective rights and obligatians l�ereunder shall be enforceable by speci�c performance, injunction, or other equitable remedy, but nothing herein contained is intended ta limit or affect any rights at law ar by statute or otherwise of any party aggrieved as against the other parties for a breach or threat of breach of any pravisian hereaf, it heing thc intentian by this paragaph to make clear that under this Agreement the respective rights and abligations af the parties shall be enforceable in equity as well as at law or othervvise. (c) The provisions of this Agreernent are intended to implement the Section 1602 Program in accordance with the Program Requirernents and with Section 42 of the Code as -22- 4846-4923-136'7.3