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DigitalCinemaDestinationsCorp - 20111220 - S-1 - EX-10.10 - 7346719 - EX-10.10 - Affiliate Agreement
DigitalCinemaDestinationsCorp - 20111220 - S-1 - EX-10.10 - 7346719 - EX-10.10 - Affiliate Agreement
Either party may change its address for notices by giving written notice of the new address to the other party in accordance with this
section, but any element of such party’s address that is not newly provided in such notice shall be deemed not to have changed.
Section 14.2 Waiver; Remedies. The waiver or failure of either party to exercise any right provided hereunder shall not be deemed a
waiver of such right in the future or a waiver of any other rights established under this Agreement. All remedies available to either party hereto for
breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed
an election of such remedy to the exclusion of other remedies.
Section 14.3 Severability. Should any term or provision of this Agreement be held to any extent unenforceable, invalid, or prohibited
under law, then such provision shall be deemed restated to reflect the original intention of the parties as nearly as possible in accordance with
applicable law and the remainder of this Agreement. The application of any term or provision restated pursuant hereto to persons, property, or
circumstances other than those as to which it is invalid, unenforceable, or prohibited, shall not be affected thereby, and each other term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Section 14.4 Integration; Headings. This Agreement and the exhibits hereto (each of which is made a part hereof and incorporated herein
by this reference) constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter of this
Agreement, and this Agreement supersedes any and all other prior or contemporaneous oral or written communications, proposals,
representations, and agreements, express or implied. This Agreement may be amended only by mutual agreement expressed in writing and signed
by both parties. Headings used in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
Section 14.5 Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an
ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Section 14.6 Non-Recourse. Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and
agreed by the parties hereto that each and every representation, warranty, covenant, undertaking and agreement made in this Agreement was not
made or intended to be made as a personal representation, undertaking, warranty, covenant, or agreement on the part of any individual or of any
partner, stockholder, member or other equity holder of either party hereto, and any recourse, whether in common law, in equity, by statute or
otherwise, against any such individual or entity is hereby forever waived and released.
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Cranford Theater
25 North Avenue West
Cranford, NJ 07016
Bloomfield 8
863 Park Avenue
Bloomfield, CT 06002
B-1