Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
Neither of us will be liable to the other for any loss, damage or default occasioned by strike, civil disorder, governmental decree or regulation, acts of God or any other force majeure (collectively, a “Force Majeure Event”). We agree that upon conclusion of a Force Majeure Event, each of us will use commercially reasonable means to recommence full performance of our obligations under the Agreement.
Any notices to be given under this Agreement by either of us may be affected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested to the addresses set forth in this Agreement unless one of us notifies the other, in writing, of a change of address.
No Other Agreement
This contract contains the entire agreement between us. No part of this Letter of Agreement may be changed, modified, amended or supplemented except in a written document, signed by both of us which specifically states that the document is being signed for the purposes of modifying this Agreement. Each of us acknowledges and agrees that the other has not made any representations, warranties or agreement of any kind, except as expressly described in this Agreement.
This Agreement shall be interpreted in accordance with the laws of Texas. In interpreting this contract, we each hereby acknowledge that we have mutually agreed to the terms of this Agreement and thus waive the protections of any law or statute which provides that in the case of uncertainty not removed by the laws relating to the interpretation of the contracts, the language of a contract should be interpreted against the drafter of the contract. Further, we agree that in the event that any one or more provisions of this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired.
Attorney’s Fees, Costs, & Interest
We agree that if any action is commenced to enforce any claim, demand debt, action, cause of action, liability, cost, right, duty, or obligation provided herein, or if any action is commenced to enforce any of the provisions of this Agreement, the prevailing party in such an action shall be entitled, in addition to any other remedies, to an award of reasonable attorney’s fees and costs incurred by the prevailing party, prejudgment interest at the rate of 12% per annum, and post-judgment interest as permitted by law.
Remedy of the Parties
Except as otherwise specifically provided for in this Agreement, in the event one of us is in default or in breach of any of the material provisions of this Agreement and fails to cure the default or breach within ten (10) days after written notice of such default or breach by the other, the non-breaching party shall have the right to terminate this Agreement. Relationship of the Parties. It is understood and agreed that this Agreement does not create a partnership, joint venture or employment relationship of any kind between us; that each of us is acting as independent contractors with respect to each other; and that none of the employees of either of us will be deemed to be employees of the other for any purpose.
Either of us shall have the right, forthwith and without further notice to terminate this Agreement by written 30-day notice to the other after the full term of the agreement has been completed, upon the occurrence of any of the following events:
breach of default of a provision of this agreement which is not cured within the period set forth in Paragraph 8 of this Agreement;
force majeure event that continues for a period of thirty (30) days; or
death or incapacity of either of us during the Term. Further, either of us shall have the right to voluntarily terminate this Agreement by 30-day written notice to the other party of that party’s decision to terminate this Agreement. In the event of termination, any monies due on the date of termination shall be immediately due and payable.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. If the above correctly express your understanding of the terms reached during our negotiations, please sign and date a copy of this Contract, return the signed and dated to Advent Trinity Marketing Agency, LLC and retain a copy for your records.