provisions of this Agreement shall be held by a court
or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force
and effect and enforceable.
11.4 Force Majeure. If the performance of this
Agreement or any obligation hereunder (other than
obligations of payment) is prevented or restricted by
reasons beyond the reasonable control of a Party or
its subcontractors, the Party so affected shail be
excused from such performance to the extent of such
prevention or restriction.
1i5 Entire Agreement. This Agreement and any
exhibits and attachments hereto constitute the entire
agreement between the Parties pertaining to the
subject matter hereof, and any and all written or oral
agreements previously existing between the Parties
are expressly cancelled and superseded by these
terms. Any modifications of this Agreement must be
in writing and signed by both Parties.
11.6 Notices. All notices, demands, requests or
approvals to be given under this Agreement, must be
in writing and will be deemed served when delivered
personally, by email, or on the third business day after
deposit in the United States mail, postage prepaid,
registered or certified, addressed as follows:
All notices, demands, requests or approvals to the
Agency:
Nashua Transit System
11 Riverside Street
Nashua, NH 03062
Attention: Camille Pattison
Token Transit, Inc CONFIDENTIAL
v. 02/18/2018
Ail notices, demands, requests or approvals to TT:
Token Transit, Inc.
3425 19th Street, #17
San Francisco, CA 94110
Attention: Morgan Conbere
11.7 Equitable Relief. Due to the unique nature
of the Parties’ Confidential Information disclosed
hereunder, there can be no adequate remedy at law
for a Party's breach of its obligations hereunder, and
any such breach may result in irreparable harm to
the non-breaching Party. Therefore, upon any such
breach or threat thereof, the Party alleging breach
shail be entitled to seek injunctive and other
appropriate equitable relief in addition to any other
remedies available to it, without the requirement of
posting a bond.
11.8 Independent Contractors. The Parties shall
be independent contractors under this Agreement,
and nothing herein shall constitute either Party as the
employer, employee, agent, or representative of the
other Party, or both Parties as Parties to a joint
venture or partners for any purpose.
11.9 Headings and Interpretation. The headings in
this Agreement are for reference only and do not
affect the interpretation of this Agreement. For
purposes of this Agreement: (a) the words “include,”
"includes" and "including" are deemed to be followed
by the words "without limitation”; (b) the word "or"
is not exclusive; (c) the words "herein," "hereof,"
“hereby,” “hereto” and "hereunder" refer to this
Agreement as a whole; (d) words denoting the
singuiar have a comparabie meaning when used in
the plural, and vice versa.
11.10 Counterparts. This Agreement may be
executed in counterparts, each of which is deemed an
