School Board. 6.9 Assignment. In the event that Independent Contractor sells substantially all of its assets to a third party purchaser; Independent Contractor shall have the right to assign this Agreement to such third party purchaser ("Allowable Assignee"). Independent Contractor shall promptly give notice of such assignment to School Board. In the event of such an assignment, the Allowable Assignee shall assume all rights and obligations of Independent Contractor under this Agreement. School Board specifically agrees that, upon such an assignment, Independent Contractor shall have no further obligation under this Agreement, and School Board shall look solely to the Allowable Assignee to satisfy any and all claims School Board may have against, or obligations of, Independent Contractor arising from this Agreement or performance thereof, regardless of whether such claims or obligations arise before or after such an assignment. 6.10. Counterparts. This Agreement may be executed in any number of counterparts by the Parties hereto, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same instrument. 6.11. Independent liability hereunder Limitation of Liability. Contractor’s shall not exceed the amounts received from School Board under this Agreement per semester. 6.12. In any action, suit or proceeding to enforce, defend or Attorney’s Fees. interpret the rights of either Independent Contractor or School Board under the terms of this Agreement or to collect any amounts due to Independent Contractor hereunder, the prevailing party, pursuant to a final order of a court having jurisdiction over said matter as to which applicable periods within which to appeal have elapsed, shall be entitled to recover all reasonable costs and expenses incurred by said prevailing party in enforcing, defending or interpreting its rights hereunder, including, without limitation, all collection and court costs, and reasonable and expenses, whether incurred out of court, at trial, on appeal or in any bankruptcy attorneys’ fees proceeding. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date first written above. CONTRACTOR: DRIVER TRAINING, INC., a Virginia corporation By: Name: Susan Walling Its: President
School Board. 6.9 Assignment. In the event that Independent Contractor sells substantially all of its assets to a third party purchaser; Independent Contractor shall have the right to assign this Agreement to such third party purchaser ("Allowable Assignee"). Independent Contractor shall promptly give notice of such assignment to School Board. In the event of such an assignment, the Allowable Assignee shall assume all rights and obligations of Independent Contractor under this Agreement. School Board specifically agrees that, upon such an assignment, Independent Contractor shall have no further obligation under this Agreement, and School Board shall look solely to the Allowable Assignee to satisfy any and all claims School Board may have against, or obligations of, Independent Contractor arising from this Agreement or performance thereof, regardless of whether such claims or obligations arise before or after such an assignment. 6.10. Counterparts. This Agreement may be executed in any number of counterparts by the Parties hereto, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same instrument. 6.11. Limitation of Liability. Independent Contractor’s liability hereunder shall not exceed the amounts received from School Board under this Agreement per semester. 6.12. Attorney’s Fees. In any action, suit or proceeding to enforce, defend or interpret the rights of either Independent Contractor or School Board under the terms of this Agreement or to collect any amounts due to Independent Contractor hereunder, the prevailing party, pursuant to a final order of a court having jurisdiction over said matter as to which applicable periods within which to appeal have elapsed, shall be entitled to recover all reasonable costs and expenses incurred by said prevailing party in enforcing, defending or interpreting its rights hereunder, including, without limitation, all collection and court costs, and reasonable attorneys’ fees and expenses, whether incurred out of court, at trial, on appeal or in any bankruptcy proceeding. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date first written above. CONTRACTOR: DRIVER TRAINING, INC., a Virginia corporation By: Name: Susan Walling Its: President
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