AND ENFORCED TO THE FULLEST
EXTENT PERMITTED BY LAW.
17.6
ANY NOTICE, DEMAND OR REQUEST REQUIRED OR PERMITTED TO BE GIVEN HEREUNDER
SHALL BE IN WRITING AND SHALL BE DEEMED EFFECTIVE ON THE DELIVERY DATE IF
DELIVERED (I) PERSONALLY TO THE PARTY TO WHOM IT IS DIRECTED, OR (II) BY
ELECTRONIC MAIL (FACSIMILE OR E-MAIL), WITH ELECTRONIC CONFIRMATION OF RECEIPT
TO THE SENDER;
(B) THREE (3) BUSINESS DAYS AFTER HAVING BEEN MAILED BY PREPAID,
REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESSEE AS
FOLLOWS:
18
If to Proginet, to the attention of the President and Chief Executive Officer at
the physical address of Proginet set forth at the commencement of this Agreement
or via facsimile to 0(516) 535-3601 or by electronic mail to
;
With a copy to Moses & Singer LLP
1301 Avenue of the Americas, New York, NY
10019 Attention: James Alterbaum, Esq., or via facsimile to (212) 554-7700; or
by electronic mail to JAlterbaum@MOSESSINGER.COM.
If to Blockade, to the attention of the President at the physical address of
Blockade set forth at the commencement of this Agreement or via facsimile to
(416) 440-1401 or by electronic mail.
With a copy to Blockade's attorney's Attention Karyn Bradley Esq. at
416-862-5430 Gowling, Lafleur, Henderson.
Either party may change its physical
or electronic address for the purposes of this Agreement by giving written
notice thereof to the other party in accordance with this provision.
17.7
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN
THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR
ORAL OR WRITTEN AGREEMENTS (INCLUDING, WITHOUT LIMITATION, THE LETTER OF
INTENT), DISCUSSIONS, NEGOTIATIONS, UNDERSTANDINGS, REPRESENTATIONS, WARRANTIES
AND COURSES OF CONDUCT AND DEALING BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER HEREOF AND.
NEITHER PARTY SHALL BE BOUND BY ANY CONDITIONS, DEFINITIONS,
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF OTHER
THAN THOSE CONTAINED HEREIN OR HEREAFTER SET FORTH IN WRITING DULY EXECUTED BY
THE PARTIES.
TO THE EXTENT THERE IS ANY INCONSISTENCY BETWEEN THE PROVISIONS OF
THE MAIN BODY OF THIS AGREEMENT AND ANY SCHEDULE OR OTHER DOCUMENT ANNEXED OR
INCORPORATED BY REFERENCE HERETO, THE TERMS OF THE MAIN BODY OF THE AGREEMENT
SHALL GOVERN.
17.8
ALL MONETARY AMOUNTS STATED HEREIN REFER TO THE LAWFUL CURRENCY OF CANADA
UNLESS SPECIFIED DIFFERENTLY AND ALL PAYMENTS (OR CREDITS) HEREUNDER SHALL BE
MADE IN CURRENCY OF CANADIAN CURRENCY.
17.9
THE PARTIES AGREE TO PERFORM SUCH ACTS AND EXECUTE AND DELIVER SUCH
DOCUMENTS AS MAY BE NECESSARY OR DESIRABLE FROM TIME TO TIME IN ORDER TO GIVE
FULL EFFECT TO THE PROVISIONS HEREOF.
17.10 NO CHANGE, AMENDMENT OR MODIFICATION OF ANY PROVISION OF THIS AGREEMENT
SHALL BE VALID UNLESS SET FORTH IN A WRITTEN INSTRUMENT AGREED TO IN WRITING BY
BOTH PARTIES.
17.11 NEITHER PARTY SHALL BE ENTITLED TO ASSIGN, TRANSFER OR OTHERWISE ENCUMBER
ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF
THE OTHER PARTY WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD.
SUBJECT TO
THE FOREGOING,