which either party hereto is required or permitted to
give hereunder shall be addressed to the party to be charged therewith at the
address set forth below and shall be given by certified by registered mail.
Any
such notice shall be deemed given on the date of deposit in the mail.
7.6 ENTIRE AGREEMENT.
THE PARTIES HERETO ACKNOWLEDGE THAT EACH HAS READ THIS
AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS.
THE PARTIES
FURTHER AGREE THAT THIS AGREEMENT AND ANY MODIFICATIONS MADE PURSUANT TO IT
CONSTITUTE THE COMPLETE AND EXCLUSIVE WRITTEN EXPRESSION OF THE TERMS OF THE
AGREEMENT BETWEEN THE PARTIES, AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS
PROPOSALS, ORAL OR WRITTEN, UNDERSTANDINGS, REPRESENTATIONS, CONDITIONS,
WARRANTIES, COVENANTS, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT.
THE PARTIES FURTHER AGREE THAT THIS
AGREEMENT MAY NOT IN ANY WAY BE EXPLAINED OR SUPPLEMENTED BY A PRIOR OR EXISTING
COURSE OF DEALINGS BETWEEN THE PARTIES, BY ANY USAGE OF TRADE OR CUSTOM, OR BY
ANY PRIOR PERFORMANCE BETWEEN THE PARTIES PURSUANT TO THIS AGREEMENT OR
OTHERWISE.
IN THE EVENT CUSTOMER ISSUES A PURCHASE ORDER OR OTHER INSTRUMENT
COVERING THE SERVICES OR DOCUMENTATION HEREIN SPECIFIED, IT IS UNDERSTOOD AND
AGREED THAT SUCH PURCHASE ORDER OR OTHER INSTRUMENT IS FOR CUSTOMER'S INTERNAL
USE AND PURPOSES ONLY AND SHALL IN NO WAY AFFECT ANY OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
7.7 GOVERNING LAW.
This agreement is accepted in the State of Nebraska, and
shall be enforced in accordance with and governed by the laws of the State of
Nebraska.
7.8 CHOICE OF FORUM.
Any action arising out of or related to this agreement or
the transaction herein described, whether at law or in equity, may be instituted
in and litigated in the state or federal courts of the State of Nebraska.
In
accordance herewith, the parties hereto submit to the jurisdiction of the courts
of said state.
Any party being not a resident of Nebraska at the time of suit
hereby appoints' the Secretary of State of Nebraska as its agent for receipt of
service of process.
7.9 ATTORNEY'S FEES.
In the event that any action or proceeding is brought in
connection with this agreement the prevailing party therein shall be entitled to
recover its costs and reasonable attorney's fees.
7.10 EFFECTIVE DATE.
This agreement shall be effective on the date accepted and
executed by an authorized representative' of Vendor.
3
CUSTOMER:
VENDOR:
FEATHER RIVER STATE BANK
INFORMATION TECHNOLOGY, INC.
Signature:
Martha Cassi
Signature:
Michael K. Young
Name:
Martha Cassi
Name:
Michael K. Young
Title:
Vice President
Title:
Executive Vice President
Address:
1005 Stafford Way
Address:
1345 Old Cheney Road
Yuba City, CA 95991
Lincoln, NE 68512
Date
3-5-98
Date Accepted:
March 16, 1998
APPENDIX A
DUE UPON EXECUTION:
30%
LOCATION WHERE THE PRODUCT(S) WILL BE USED
COMPUTER SYSTEM(CPU):
NX4221-21 (A151)
*under 48,000 accounts
Feather River State Bank
1227 Bridge Street, Ste. C
Yuba City, CA 95991
PRODUCT(S) AND LICENSE FEE(S):
106-102
DP1000/1800 Item Processing