SHALL BE ENTITLED TO HAVE AND RECOVER OF AND FROM THE OTHER PARTY ALL
COSTS AND EXPENSES OF SUIT, INCLUDING REASONABLE ATTORNEYS' FEES ON A SOLICITOR
AND CLIENT BASIS.
20.
GOVERNING LAW.
THIS AGREEMENT SHALL BE INTERPRETED, CONSTRUED AND
ENFORCED ACCORDING TO THE LAWS OF THE PROVINCE OF NOVA SCOTIA, CANADA AND THE
FEDERAL LAWS OF CANADA APPLICABLE THEREIN.
21.
NOTICES.
ALL NOTICES OR OTHER COMMUNICATION PROVIDED FOR UNDER THIS
AGREEMENT SHALL BE IN WRITING, SHALL BE EFFECTIVE UPON RECEIPT OR REFUSAL TO
ACCEPT DELIVERY, AND SHALL BE (I) DELIVERED PERSONALLY, (II) SENT BY REGISTERED
OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, OR BY PRIVATE
OVERNIGHT COURIER SERVICE, ADDRESSED TO THE PERSON TO RECEIVE SUCH NOTICE OR
COMMUNICATION AT THE FOLLOWING ADDRESS, OR (III) SENT BY FACSIMILE TRANSMISSION
TO THE PHONE NUMBER LISTED BELOW WITH A COPY OF SUCH NOTICE SENT ON THE SAME DAY
OF TRANSMISSION BY THE METHOD SET FORTH IN THE PRECEDING CLAUSE (II):
If to Seller:
Neenah Paper Company of Canada
c/o Neenah Paper, Inc.
3460 Preston Ridge Road, Suite 600
Alpharetta, Georgia 30005
Attn:
Legal Department
Facsimile:
(678) 518 3283
15
If to Purchaser:
Northern Timber Nova Scotia Corporation
260 Granton Abercrombie Branch Road
Pictou County, New Glasgow, NS
B2H 5E6
Attention:
G. Wayne Gosse, Chief Executive Officer
Email:

Fascimile:
902-752-5404
with a copy to:
McInnes Cooper
644 Main Street, Suite 400, South Tower
P.O. Box 1368
Moncton, New Brunswick
E1C 8T6
Attn:
Bernie Miller
22.
TIME OF PERFORMANCE.
TIME IS OF THE ESSENCE OF THIS AGREEMENT AND
OF ALL ACTS REQUIRED TO BE DONE AND PERFORMED BY THE PARTIES HERETO, INCLUDING,
BUT NOT LIMITED TO, THE PROPER TENDER OF EACH OF THE SUMS REQUIRED BY THE TERMS
HEREOF TO BE PAID.
23.
SECTION HEADINGS.
THE WORD OR WORDS APPEARING AT THE COMMENCEMENT
OF SECTIONS AND SUBSECTIONS OF THIS AGREEMENT ARE INCLUDED ONLY AS A GUIDE TO
THE CONTENTS THEREOF AND ARE NOT TO BE CONSIDERED AS CONTROLLING, ENLARGING OR
RESTRICTING THE LANGUAGE OR MEANING OF THOSE SECTIONS OR SUBSECTIONS.
24.
INVALIDITY.
IN THE EVENT ANY PORTION OF THIS AGREEMENT SHOULD BE
HELD TO BE INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL
NOT AFFECT THE REMAINING PROVISIONS HEREOF UNLESS THE COURT'S RULING INCLUDES A
DETERMINATION THAT THE PRINCIPAL PURPOSE AND INTENT OF THIS AGREEMENT ARE
THEREBY DEFEATED.
25.
LEGAL RELATIONSHIPS.
SELLER AND PURCHASER AGREE THAT (A) THE
RELATIONSHIP BETWEEN THEM IS, IS INTENDED TO BE AND SHALL AT ALL TIMES REMAIN,
IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, THAT OF
SELLER AND PURCHASER AND (B) NEITHER PARTY IS, IS INTENDED TO BE OR SHALL BE
CONSTRUED AS A PARTNER, JOINT VENTURE, LENDER, BORROWER, DEBTOR, CREDITOR, ALTER
EGO, MANAGER, CONTROLLING PERSON OR OTHER BUSINESS ASSOCIATE OR PARTICIPANT OF
ANY KIND OF THE OTHER PARTY OR ANY OF ITS AFFILIATES AND NEITHER PARTY INTENDS
TO EVER ASSUME SUCH STATUS.
ALL TERMS, COVENANTS AND CONDITIONS TO BE OBSERVED
AND PERFORMED BY EITHER OF THE PARTIES HERETO SHALL BE JOINT AND