LAWSON ASSOCIATES INC. - Laserfiche WebLink

Home Browse Search

14. Limitation of Liability and Remedies are to be as follows: 14.1 Lawson's entire liability and City's exclusive remedy for damages to the City from any work under this Agreement, for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, shall be as follows: If the software does not perform as warranted, Lawson's obligation will be to modify the software to make it perform as warranted; or, if after repeated efforts, Lawson is unable to make the software operate as warranted, City and Unisys Finance Corporation will be entitled to recover their actual money damages to the limits set forth in this paragraph. Damages shall not exceed the total payments received by Lawson under this Agreement. 15. For a period of one year following execution of this Agreement, Lawson will make available to the City additional professional services in accordance with the following schedule: Programmer/Analyst $70/hour System Analyst $80/hour Senior Consultant $125/hour Out-of-pocket expenses will be billed separately as described in paragraph 15. professional services will be provided only if requested in advance in writing by the City's designated representative. 16. City agrees to reimburse Lawson for reasonable Out-of-pocket expenses Incurred for additional professional services requested. The City defines reasonable per person as follows: round trip coach airfare (per trip) $300 - $600 - transportation (per trip) 25 - 75 per day - hotel (per overnight stay) - 75 meals (per day on -site) 55 55 _ miscellaneous (per trip) 30 20 Since actual expenses are charged to City, it is advantageous to plan time, trips, and lodging as far in advance as possible to take advantage of "advanced booking" discounts. City may negotiate with local hotels for preferred rates or make available to Lawson "Government" rates. Lawson is expected to cooperate fully with the city to minimize these costs. Total out--of-pocket expenses shall not exceed 13,280 per Support Plus package. 17. Any dispute arising under this Agreement shall be submitted to any court of competent jurisdiction in Orange County, California. This Agreement shall be governed by the laws of the State of California and constitutes the entire Agreement between the City and Lawson with respect to the software products. In the event of any litigation under this Agreement, revenue shall be within the State of California. page - 6 YVHATEVE4 IT TAKES'