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TIBURON (FORMERLY COMPUDYNE - PUBLIC SAFETY - SOFTWARE LICENSE) 2006
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TIBURON (FORMERLY COMPUDYNE - PUBLIC SAFETY - SOFTWARE LICENSE) 2006
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Last modified
6/9/2014 12:54:09 PM
Creation date
4/13/2006 10:17:17 AM
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Contracts
Company Name
Compudyne Public Safety & Justice, Inc.
Contract #
A-2005-251
Agency
Fire
Council Approval Date
10/17/2005
Insurance Exp Date
4/1/2006
Notes
Amends A-2000-162
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(a) <br />If either party (the "Disputing Party') disputes any provision of this Agreement, or the <br />interpretation <br />• <br />thereof, or any conduct by the other party under this Agreement, that <br />party shall bring the matter to the attention of the other party at the earliest possible <br />time in order to resolve such dispute. <br />(b) <br />If such dispute is not resolved by the Account Manager and the Technical <br />Coordinators responsible for the subject matter of the dispute within ten (10) <br />business days, the Disputing Party shall deliver to the first level of representatives <br />below a written statement (a "Dispute Notice') describing the dispute in detail, <br />including any time commitment and any fees or other costs involved. <br />(c) <br />Receipt by the first level of representatives of a Dispute Notice shall commence <br />a <br />time period within which the respective representatives must exercise their best <br />effort to resolve the dispute. If the respective representatives cannot resolve the <br />dispute within the given time period, the dispute shall be escalated to the next higher <br />level of representatives in the sequence as set forth below. <br />(d) <br />If the parties are unable to resolve the dispute in accordance with the escalation <br />procedures set forth below, the parties may assert their rights under this Agreement. <br />Escalation Timetable <br />CompuDyne Client <br />(Business Days) <br />Representative Reoresentative <br />0 to 51h <br />Director of Account Management Captain <br />6th to 10th <br />Operations Manager Deputy Chief of Support Services <br />11th to 15th <br />Executive Officer Deputy Chief of Support Services <br />10.2. <br />Notwithstanding the fact that the parties may be attempting to resolve a dispute in <br />accordance with the informal <br />dispute resolution procedures set forth in Section 10.1 hereof, the parties agree <br />to continue without delay all their respective responsibilities under this Agreement that are not affected by the <br />dispute. <br />10.3. [Section omitted intentionally.] <br />10.4. Notwithstanding the foregoing, either party may, before or during the exercise of the <br />informal dispute resolution procedures set forth in Section 10.1, apply to a court having jurisdiction for a <br />temporary restraining order or preliminary injunction where such relief is necessary to protect its interests <br />pending completion of such informal dispute resolution procedures. <br />11. Termination <br />11.1. Termination for Failure of License. In the event that the license relating to any of the <br />Covered Applications is terminated or becomes unenforceable for any reason, CompuDyne's obligation to <br />provide any support hereunder for such Covered Application shall immediately and automatically terminate. <br />11.2. Termination for Payment Defaults. In the event that the Client fails to pay when due <br />all or any portion of the annual fees required under Section 4.1 hereof (Annual Support Fees), CompuDyne may <br />immediately, and without further notice to the Client, terminate this Agreement or suspend all or any portion of <br />the services hereunder for all or any portion of the Covered Applications until the Client's account is brought <br />current. <br />• <br />Updated 111505 Page 10 of 15 Master Support Agreement <br />02005 CompuDyne — Public Safety & Justice, Inc. All rights reserved. <br />
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