Limited Liability Company Agreement
13.6 execution of additional instruments. each equity owner hereby agrees to execute such other and further statements of interest and holdings, designations, powers of attorney and other instruments necessary to comply with any laws, rules or regulations.
13.7 construction. whenever the singular number is used in this agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
13.8 effect of inconsistencies with the act. it is the express intention of the equity owners and the company that this agreement shall be the sole source of agreement among them, and, except to the extent that a provision of this agreement expressly incorporates federal income tax rules by reference to sections of the code or regulations or is expressly prohibited or ineffective under the act, this agreement shall govern, even when inconsistent with, or different than, the provisions of the act or any other law or rule. in the event that the act is subsequently amended or interpreted in such a way to make valid any provision of this agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. the members and the company hereby agree that the duties and obligations imposed on the members as such shall be those set forth in this agreement, which is intended to govern the relationship among the company and the equity owners, notwithstanding any provision of the act or common law to the contrary.
13.9 waivers. the failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
13.10 rights and remedies cumulative. the rights and remedies provided by this agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise.
13.11 attorneys' fees. should the company or any party to this agreement reasonably retain counsel for the purpose of enforcing or preventing breach of any provision of this agreement, including but not limited to instituting any action or proceeding to enforce any provision of this agreement, for damages by reason of any alleged breach of any provision of this agreement, for damages by reason of any alleged breach of any provision of this agreement, for a declaration of such party's rights or obligations under this agreement or for any other judicial remedy, then, if the matter settled by judicial determination or arbitration, the prevailing party (whether at trial, on appeal, or arbitration) shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred, including, but not limited to, reasonable attorneys' fees and costs for services rendered to the prevailing party.