cumulative and the exercise of one right or remedy shall not impair the right of the Corporation to
any or all other remedies.
SECTION 2. Dispute Resolution. The Members and the Corporation shall make reasonable
efforts to settle all disputes arising out of, or in connection with, this Agreement. Before exercising
any remedy provided by Jaw, a Member or Members and the Corporation shall engage in
nonbinding dispute resolution or in a manner agreed upon by the Member or Members and the
Corporation. The Members agree that each Member may specifically enforce this provision,
Article XVI, Section 2, Dispute Resolution. In the event that dispute resolution is not initiated or
does not result in a resolution within 60 days after a written request for dispute resolution, any
disputing Member or the Corporation may pursue any remedies provided by law.
SECTION 3. Notices. Any notice given pursuant to this Agreement shall be in writing and shall
be dated and signed by the Member giving such notice. Notices to the Corporation shall be
delivered to the Corporation's principal place of business, as identified in Attachment E. Notice
to each Member under this Agreement is sufficient if mailed to the Member and separately to the
Member’s Director to their respective addresses on file with the Corporation. All written notices
sent in the prescribed manner will be deemed given to a Member or the Corporation on whichever
date occurs first: (1) the date of personal delivery; (2) the third business day following deposit in
the U.S. mail, when sent by “first class,” postage prepaid, or faster delivery method; or (3) the date
of transmission, when sent electronically, including by email or facsimile.
SECTION 4. Severability, Should any portion, term, condition, or provision of this Agreement
be determined by a court of competent jurisdiction to be illegal or in conflict with any law of the
State of New Hampshire, or be otherwise rendered unenforceable or ineffectual, each and all of
the remaining portions, terms, conditions, and provisions of this Agreement shall not be affected
thereby and shall remain in full force and effect to the maximum extent permitted by law.
SECTION 5. Section Headings. The section headings herein are for convenience only and are
not to be construed as modifying or governing the language in the section to which they refer of
this Agreement.
SECTION 6. Governing Law. This Agreement is made and to be performed in the State of New
Hampshire, and as such New Hampshire substantive and procedural law shall apply.
SECTION 7. Execution by Counterparts. This Agreement may be executed in any number of
counterparts, and upon execution by the Corporation and Member, each executed counterpart shall
have the same force and effect as an original instrument and as if all Members had signed the same
instrument. Any signature page of this Agreement may be detached from any counterpart of this
Agreement without impairing the legal effect of any signatures thereon and may be attached to
another counterpart of this Agreement identical in form hereto but having attached to it one or
more signature pages.
REFERENCE TO Joint Powers Agreement
Reference in this Joint Powers Agreement shall include all amendments thereto or changes thereof
unless specifically excepted.
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