10. Attorney’s Fees.
In the event either party brings an action at law or in equity to enforce or interpret or
seek redress for breach of this Agreement, the prevailing party in such action shall be
entitled to its expenses and attorney fees as allowed by Alaska Law.
11. Governing Law; Jurisdiction.
This Agreement shall be construed and interpreted and the rights of the parties
determined in accordance with the laws of the State of Alaska. Should any legal
proceeding be necessary under this Agreement, the same shall be commenced in the
Superior Court of the State of Alaska, Third Judicial District at Anchorage, Alaska.
Buyer and Seller agree specifically that venue and jurisdiction in that court are
proper, and further agree to submit themselves to the jurisdiction of that court as a
result of any matter arising under this Agreement. Buyer and Seller shall not claim
that said forum is an inconvenient forum.
12. Time of Essence.
Except as otherwise specifically provided in this Agreement, time is of the essence for
this Agreement and each and every provision hereof. “Days” shall mean calendar
13. This Agreement is binding on and shall inure to the benefit of Seller, Buyer, and their
respective heirs, legal representatives, successors, and assigns.
14. If any provision of this Agreement is determined by a proper court to be invalid, illegal
or unenforceable, such invalidity, illegality or unenforceability shall not affect the
other provisions of this Agreement and the remaining provisions of this Agreement
shall remain in full force and effect.
15. Any Exhibit or Addendum attached to this Agreement is made a part of this
Agreement when documented in writing under Section VII of this Agreement (Final
Form of Agreement).
16. All notices, demands and requests which may be or are required to be given by either
party to the other shall be in writing and shall be personally served on the designated
party, delivered by express courier, sent by delivered telegram, telex or facsimile
transmission (if sent by facsimile transmission a duplicate copy shall be sent by
mail), certified or registered mail, as follows: