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PICTOMETRY INTERNATIONALl 1
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PICTOMETRY INTERNATIONALl 1
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Last modified
1/3/2012 2:20:34 PM
Creation date
6/27/2003 1:05:34 PM
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Contracts
Company Name
Pictometry International, Corp.
Contract #
A-2003-029
Agency
Public Works
Council Approval Date
2/18/2003
Insurance Exp Date
10/3/2003
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maintenance and support fee equal to 5% of the previous annual fee due under <br /> this Agreement. <br /> <br />Any extensions will be subject to the same terms and conditions as are provided in this <br />Agreement except that the annual fee under Section 3.1 and Schedule A will be <br />eliminated and the Licensee will no longer be able to add images to the existing Image <br />Library. Nevertheless, Licensee's obligations to charge a sales price for Digital and <br />Hard Copies and to pay a portion of it to Pictometry, as provided in Section 2.1(c)(3) <br />above, shall continue during any such extension under this Section 7.2. <br /> <br />ge <br /> <br />7.3 <br /> <br />Termination For Cause. The License and all other rights in the Licensed Products <br />granted hereunder may be terminated by either party in the event that the other party <br />has failed to perform a material obligation or has otherwise breached a material term <br />of this Agreement if that other party has failed to cure that failure or breach within <br />thirty days after receipt of written notice thereof from the other party. <br /> <br />7.4 <br /> <br />Effect of Termination or Expiration. Upon termination or expiration of the License, <br />Licensee immediately shall cease any and all further use of the Licensed Products and <br />shall promptly purge all copies of Images and all Licensed Software (including but not <br />limited to EFS and ClW) from all computers and workstations on which any of them <br />may be stored or available at the time. In addition, the Licensee shall destroy all <br />remaining inventory of Hard Copies of Images in its possession or under its control <br />(excluding those images produced in the activities described in Section 2.1 (c)(2) <br />above). <br /> <br />7.5 <br /> <br />Access to Records. During the term of this Agreement and for a period of three (3) <br />years after the date of its termination or expiration, Licensee shall make available to <br />Pictometry for inspection and copying on reasonable notice and at reasonable hours all <br />books and records, including electronically retained information, pertaining to <br />Licensee's compliance with the provisions of this Agreement. <br /> <br />7.6 <br /> <br />Survival of Rights and Obligations After Termination of License. Upon any <br />termination of the License, all other rights and obligations of the respective parties <br />shall continue as contemplated by this Agreement, including the Licensee's obligations <br />to pay Pictometry all amounts due hereunder and to purge the Licensed Software and <br />the inventory of Images as provided above. <br /> <br />LIMITED WARRANTY; DISCLAIMER OF WARRANTIES; LIMITED REMEDIES <br /> <br />8.1 <br /> <br />Limited Warranties. Pictometry warrants: <br />(a) that the Licensed Images and the Licensed Software installed by Pictometry on <br /> any Authorized Workstation supplied by Licensee pursuant to this Agreement <br /> will be true and usable copies as of the date of capture and as represented to <br /> Licensee by Pictometry; and <br />(b) that the information concerning the accuracy of the Licensed Products set forth <br />on the attached Schedule C is a substantially true and accurate reflection of actual <br />products. <br /> <br />Page 8 of 12 021110 <br /> <br /> <br />
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