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General Terms
a. Venue & Governing Law: Any disputes arising from this Agreement will be litigated in the State of Colorado, wherever the Company maintains a place of business. This Agreement shall be governed in accordance with the laws of the State of Colorado. The rights and remedies of the Parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to them at law or in equity.
b. Waiver: No waiver by either party of any condition, or of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further and continuing waiver of any such condition or breach or a waiver of any other condition or breach of any other term or covenant of this Agreement.
c. Alternative Dispute Resolution: It is agreed that any dispute which may arise regarding the terms of this Agreement, including collection of amounts owed for services rendered and any dispute whatsoever which Contractor may have with Company or its client(s) or any claim against Company or any person, employee or subcontractor hired by Company which arises out of the services to be rendered under this Agreement, shall be resolved first through mediation. Therefore, upon the occurrence of any dispute or claim Contractor shall immediately notify Company of such dispute or claim in writing. Thereafter, the Parties shall enter into good faith negotiations to settle the dispute by engaging in mediation within 45 days of receipt of such notice. If mediation is unsuccessful, such disputes that amount to damages (excluding attorney’s fees) in excess of $7,500 shall be resolved solely by submitting such matter or matters to binding arbitration in Denver, Colorado. A decision in any such arbitration shall be binding and may be enforced in accordance with Colorado law.
d. Collection: In the event of a dispute arising under this Agreement, any and all reasonable costs of collection, including attorneys’ fees at all levels and Courts, shall be reimbursed to the prevailing party from the non-prevailing party.
e. Notices: Any notices or communications required under this Agreement shall be in writing and shall be deemed delivered (a) on the same day if hand delivered, (b) by the next business day if sent by overnight courier, e-mail or facsimile (with confirmation), or (c) within three (3) business days if sent by regular mail. The Parties agree that it is a matter of business custom within Company’s industry and fully acceptable under the terms of this Agreement to provide approval and signature via alternative methods other than physical signature, including explicit statements of approval or authorization via e-mail or facsimile.