Common Network Master License Agreement

Home

C. nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit with such courier; or d. except for a notice of default, email, in which case notice shall be deemed delivered on transmittal, provided that written notice by one of the methods provided above is also used. City: City of San Leandro Information Technology 835 E. 14th Street San Leandro, CA 94577 Phone: 510 577 3385 Email: tbatallansanleandro.org Company: Common Networks, Inc. 1390 Market Street, #1202 San Francisco, CA 94102 Phone: 855-255-2602 Email: coveragencommon.net 18. Entire Agreement; Amendments. This Agreement together with the Site Agreement attached hereto and incorporated herein by reference, and any Site Agreements executed by the Parties, constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect thereto. This Agreement and any Site Agreement may be amended only by a written instrument executed by the Parties hereto. 19. Severability. If any term, provision, or condition of this Agreement or an executed Site Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or any executed Site Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 20. Waiver. A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Agreement or any Site Agreement nor shall the delay or forbearance by either Party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. 21. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning, and not strictly for or against any party, in order to achieve the objectives and purposes of the Parties. 22. Attorney's Fees. In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement or any executed Site Agreement, the prevailing party shall recover reasonable attorney's fees and other costs, including but not limited to court costs and expert and consultants' fees incurred in connection with such action, in addition to any other relief awarded. 620\3185927.7 8