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<br />Section 11.10 No Third-Party Rights. Nothing in this Agreement, whether express or <br />implied, is intended to confer any rights or remedies under or by reason of this Agreement on any <br />Persons other than the parties and their ,respective successors and permitted assigns and other than <br />as provided in Section 5.13 of this Agreement, nor is anything in this Agreement intended to relieve <br />or discharge the obligation or liability of any third Persons to any party, nor shall any provisions <br />give any third Persons any right or subrogation over or action against any party. <br /> <br />Section 11.11 Nonsurvival ofReoresentations and Warranties. None ofthe representations <br />and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall <br />survive the Effective Time, other than those representations and warranties contained in the Voting <br />Agreement, which shall survive in accordance with the terms thereof. This Section I 1. I I shall not <br />limit any covenant or agreement of the parties which by its terms contemplates performance after <br />the Effective Time. <br /> <br />Section 11.12 Enforcement. The Company and Parent agree that irreparable damage would <br />occur and that the parties would not have any adequate remedy at law in the event that any <br />provisions of this Agreement were not performed in accordance with their specific terms or were <br />otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or <br />injunctions to prevent any and all breaches of this Agreement and to enforce specifically the terms <br />and provisions of this Agreement in any federal court located in the State of Delaware or in any <br />Delaware state court, this being in addition to any other remedy to which they are entitled at law or <br />equity. ".' <br /> <br />[Signatures on following page] <br /> <br />ATI/90584-8 <br /> <br />55 <br />