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<br />XONOVIA will provide the Assessment report within 30 days of the completion of the <br />project. <br /> <br />3. Terms; Termination. <br />Upon execution of this Agreement, all terms and conditions shall remain in force during <br />any and all periods for which XONOVIA's services are provided to COSA under this <br />Agreement and for any other periods before and lor thereafter as stated herein. The term <br />of this Agreement shall be from November 1 sf. 2006 to and including January 2nd. 2007 <br />(350 Hours/Approximate 44 working days). Either party may terminate the Agreement at <br />any time prior to January 2nd, 2007 by providing to the other party written notice one (1) <br />month prior to the effective date of termination. <br /> <br />4, Customer's Responsibilities, <br />This is a joint project agreement and Customer agrees to make key Customer staff <br />members available and provide access to Customer's technical and development <br />environment on a timely basis. Details are in Exhibit A. <br />XONOVIA is not responsible for any delay caused due to customer's negligence and <br />coordination efforts. <br /> <br />5. Compensation. <br />a. XONOVIA will dedicate and commit a four (4) member team eXClusively <br />for this Assessment project which includes one Project/Account Manager, three <br />engineers for Networking Assessment, Networking Security, Server Assessment and Server <br />Security assessment. The total project hours are 350 hours. Customer shall pay XONOVIA a <br />fixed bid amount of USD $175,000 (hourly fee of Engineer and Managers are approximate <br />USD $125/hr/person) for services rendered. The total hours will not exceed 350 for onsite/ <br />offsite assessment and documentations/reporting. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br /> <br />6, Availability for Technical Support. <br />XONOVIA shall maintain a telephone and support line, email. or DSL Intemet connection, <br />or 11 connection to the Intemet during Normal business hours (9 AM to 5 PM Pacific <br />Standard Time) that permits Customer to contact XONOVIA for assistance. <br /> <br />7. Anti-Hacking Covenant. <br />XONOVIA covenants that under no circumstances will it or any of its employees attempt in <br />any manner whatsoever to electronically repossess, disable, or other wise tamper with any <br />of Customer's hardware or software, or to improperly or unnecessarily access or "hack" <br />Customer's network or any of the data stored thereon. XONOVIA also covenants that it will <br />maintain all reasonable security controls over remote communications access information <br />in order to prevent access to customer's system by third parties. <br /> <br />8. Expenses. Customer shall pay, within thirty (30) days of receipt of a written invoice, <br />