In no event shall the Board of Education or Jackson be liable to the other for any indirect, incidental, exemplary, punitive, or other consequential damages whether or not foreseeable, including, but not limited to, damages for the loss of data, goodwill, or profits arising out of or in relation to this agreement, even if advised beforehand of the possibility of such liability.
It is hereby understood and agreed that the Board of Education and Jackson Township shall each be responsible for the negligence of their own employees, agents or servants.
The Board of Education and Jackson Township hereby warrant and represent that this Agreement has not been solicited or secured, directly or indirectly, in a manner contrary to the laws of the State of New Jersey, that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of this Agreement by any conduct, including the payment or giving of any fee, commission, compensation, gift, gratuity or consideration of any kink, directly or indirectly, to any employee, officer or official of the Board of Education or Jackson Township.
Notices given in accordance with the terms of this Agreement shall be deemed sufficiently served if such notice is mailed by certified or registered mail, or is delivered personally to either of the parties at the addresses set forth on the first page of this Agreement, or at such other place as the parties may from time-to-time designate in writing. In computing the number of days specified in any notice given hereunder, the date of mailing or personal service, as the case may be, shall be counted as the first day.
No change or modification of any of the covenants, terms or provisions hereof shall be valid unless in writing and signed by the parties hereto. There are no understandings or agreements of any kind between the parties hereto, verbal or otherwise, other than as set forth in this Agreement.
The covenants and agreements herein contained shall ensure to the benefit of, be binding upon the successors, heirs, executors, administrators and assigns of the arties hereto, respectively.
The Agreement shall be governed by and construed under the laws of the State of New Jersey.
The provisions of the Agreement are severable and it is the intention of the parties hereto that if this Agreement cannot take effect in its entirety because of the final judgment of any Court of competent jurisdiction, holding invalid any part or parts thereof, the remaining provisions of the Agreement shall be given full force and effect as completely as if parts held invalid had not been included therein.
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