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6.0 • TERMINATION <br />(a) Termination for Cause: Should A -Check be in default of the terms of this Agreement and fail to <br />remedy the default within ten (10) business days of receipt of Client's notice of default, Client may in <br />its discretion terminate this Agreement or such portion thereof as Client determines is most directly <br />affected by the default. The term "default" for purposes of this provision includes, but is not limited <br />to, the performance of work in violation of the terms of this Agreement; abandonment, assignment <br />or subcontracting of this Agreement without written approval of Client; bankruptcy or appointment of <br />a receiver for A -Check's property; failure of A -Check to perform the services or other required acts <br />within the time specified for this Agreement or any extension thereof; refusal or failure to provide <br />proper workmanship; failure to take effective steps to end a prolonged labor dispute; and the <br />performance of this Agreement in bad faith. <br />(b) Termination for Force Majeure; The performance of work under this Agreement may be terminated <br />by either Party, for unforeseen causes beyond the control and without the fault or negligence of A - <br />Check, including acts of God, acts of the public enemy, governmental acts, fires and epidemics if <br />such causes irrecoverably disrupt or render impossible A -Check's performance hereunder. An "Act <br />of God" shall include, but not be limited to earthquake, flood, cyclone, or other phenomenon of nature. <br />7.0 NO GUARANTEES OR WARRANTIES <br />A -Check will use its best efforts to fulfill its obligations under this Agreement. However, A -Check does <br />not guarantee or warrant and hereby disclaims any guaranty or warranty that the information provided <br />to client is correct, complete, current, merchantable or fit for a particular purpose, <br />8.0 LIMITATION OF LIABILITY <br />Client agrees that, with the exception of gross negligence or intentional wrongdoing on the part of A - <br />Check in the transmission of DMV record information, A -Check's total liability to Client shall be limited <br />to the return of the fees paid to A -Check for services under this Agreement, and that neither party shall <br />be liable to the other party for punitive, exemplary or consequential damages. <br />9.0 OWNERSHIP OF WORK PRODUCTS <br />All raw data assembled by A -Check or obtained from others by A -Check in connection with the services <br />under this Agreement shall be the sole property of A -Check. All reports and any other documents, <br />materials and products prepared or assembled by A -Check or obtained from others by A -Check in <br />connection with the services under this Agreement shall be the sole property of A -Check. A -Check shall <br />be responsible for the preservation of any and all such raw data, documents, materials and products <br />prior to transmittal to (Client) <br />10.0 NOTICES <br />Except for invoices submitted by A -Check pursuant to Section 3.0, all notices or other communications <br />to either party by the other shall be deemed given when made in writing and delivered or mailed to such <br />party at their respective addresses as follows; <br />4 con-ACW12:10.2017 <br />