R2004-126 ACCEPTING PROPOSAL - Laserfiche WebLink

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13.4 Awards: In any such arbitration proceeding, the tribunal may award only compensatory damages and is not empowered to award punitive or exemplary damages. Any such award may be entered in any court of competent jurisdiction and may be enforced through the court processes. 14. VENUE AND JURISDICTION '� All work done under this AGREEMENT shall be controlled and governed by the laws of the State of Illinois and any actions related to this AGREEMENT must be filed in a Federal court in the State of Illinois capable of hearing the case. 15. NIISCELLANEOUS PROVISIONS 15.1 Notices: All notices which are required to be in writing shall be effective when received, and shall be delivered personally, by overnight courier, or by certified U.S. mail, return receipt requested, to the parties at the addresses listed below. Any notice of change of address will be effective only upon receipt. 15.2 Waiver: No waiver or modification of this AGREEMENT or of any covenant, condition or limitati , on herein contained shall be valid unless agreed to in a writing that expressly refers to this AGREEMENT and is signed by both parties. No evidence of an � . . Y waiver or modificat�on sh all be offered or received m evidence m any proceeding, ' arbitration, or litigation between the parties arising out of or affecting this AGREEMENT, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section may not be waived except as herein set forth. The failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions. No waiver or relinquishment of any right or power hereunder, at any one or more times, shall be deemed a waiver or relinquishment of such right or power at any other time or times. 15.3 Severability: Any provision of this AGREEMENT determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction (hereinafter referred to as "Court") shall not affect the other provisions hereof, and this AGREEMENT shall be construed in all respects as if such provisions were written in a manner acceptable to such Court or, if such provision is found to be totally unacceptable to such Court in any form, then as if such invalid provisions were omitted altogether. 15.4 Entire AGREEMENT: This AGREEMENT embodies the entire understanding between the parties regarding the subject matter hereof. All prior or contemporaneous correspondence, conversations, or memoranda relating to the subject matter hereof, are merged in and replaced by this AGREEMENT, and are without any force or effect - 11 -