Laserfiche WebLink
Schedule 1 <br />Page 20 <br />(ii) ExteNet may assign, sub-license, or transfer in any manner, in whole or in part, its rights, <br />duties or obligations under this Agreement at any time and for any reason. <br />(iii) Licensee’s rights under this Agreement shall transfer with any sale, assignment, sub- <br />license, or transfer of the Network, or any portion thereof, by ExteNet. <br />(iv) Neither this Agreement nor any term or provision hereof, nor any inclusion by reference <br />shall be construed as being for the benefit of any person or entity not a signatory hereto. <br />8. Termination <br />The Parties shall have the right to terminate this Agreement and the license granted herein <br />under the following circumstances: <br />(i)ExteNet. ExteNet may terminate this Agreement (a) upon thirty (30) days written <br />notice with an opportunity to cure within ten (10) days therefrom in the event that Licensee <br />commits a material breach of this Agreement, becomes subject to any bankruptcy or <br />insolvency proceeding under Federal or state statute or becomes insolvent or becomes subject <br />to direct control by a trustee, receiver or similar authority, or uses the Licensed Fiber for any <br />unlawful purpose, or (b) upon sixty (60) days written notice in the event that ExteNet for any <br />reason ceases to have rights to operate and maintain the ExteNet Cable or any significant <br />portion thereof. <br />(ii)Licensee. Upon sixty (60) days written notice, Licensee may terminate this <br />Agreement, for any reason or for no reason (i.e., for convenience). <br />(iii)In the event of termination in accordance herewith for any reason and/or upon <br />expiration or termination of the MLA, ExteNet shall quitclaim the Licensed Fiber and all <br />associated Access Points necessary to access and maintain the system to the Licensee under <br />the requirements and terms of the MLA. <br />9. General Provisions <br />9.1 Notices <br />(i)All notices required or permitted to be given to either party by the other party under <br />any provisions of this Agreement shall be in writing. Notice shall be deemed served when <br />delivered by hand or sent by a nationally recognized overnight courier service to the other <br />party’s address set forth below during normal business hours. If a Notice is mailed, service <br />is deemed complete upon the earlier of actual delivery or the close of business on the third <br />business day following the date when the Notice is placed in a receptacle regularly <br />maintained by the U.S. Postal Service addressed to the party at the address set forth below <br />with postage pre-paid. <br />(ii)Notices shall be given to the following: <br />If to Licensee: