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INTERGRAPH 8 -2010
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INTERGRAPH 8 -2010
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Last modified
1/3/2012 2:50:11 PM
Creation date
5/7/2010 4:46:32 PM
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Contracts
Company Name
INTERGRAPH
Contract #
A-2010-041
Agency
Public Works
Council Approval Date
3/1/2010
Expiration Date
4/30/2011
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<br />thereby agrees to these Terms and Conditions. Such Services wil be provided in accordance with the Scope of <br />Work. The Agreement shall be considered as beginning on the first day of the month that the Agreement becomes <br />effective, and thus the Covered Period shall be for whole months only. <br /> <br />2.2 Renewing Services <br /> <br />Approximately ninety (901 days prior to the Agreement expiration date. Intergraph wil submit to the Customer a <br />renewal Quote that indudes pricing for the Services during the subsequent Coverage Period. By accepting the <br />renewol Quote and agreeing to payor paying aU charges listed in the renewal Quote. Customer thereby authorizes <br />Intergraph to provide the SeNices for Covered Products during the desIgnated Coverage Period, and thereby <br />agrees to the then current Terms and CondItions referenced in the renewal Quote. Intergraph reserves the right to <br />Increase maintenance prices at any time at Its sole discreffon. which shall. if applicable, be reflecfed in the renewal <br />Quote and shall take effect for the renewal Coverage Period. <br /> <br />3.0 TfRMfNATlON OF SERVICES <br /> <br />Coverage may only be terminated by either party at the end of a Coverage Period. The party desiring to terminate <br />Services must provide to the other party written notification at least thirty (30) days prior to the end of the then current <br />Coverage Period of Its Intent to terminate Services. However, should Customer not remit payment for any renewal <br />Quote prior to the end of the then current Coverage Period, Services shall terminate at the end of that Coverage <br />Period and Services shall be deemed by Intergraph to hove lapsed. <br /> <br />This Agreement may only be terminated prior to its expiration in the following ways: <br />(a) A new Agreement between Customer and Intergroph is signed into effect for similar service. <br />(b) If either party petttlons for reorganization under the Bankruptcy Act or is adjudicated as bankrupt. or 0 receiver is <br />appointed for either party's business. or the Customer fails to pay Intergraph any amount when due hereunder. <br /> <br />4.0 CHANGfS, DELEnONS, AND ADomONS <br /> <br />4.1 Changes of Coverage <br /> <br />If Customer desires to change coverage for the renewal Coverage Period. Customer should notify Infer graph and <br />obtain a revised renewal Quote that reflects Customer's wishes. provided such changes are not in violation of the <br />Terms and Conditions. <br /> <br />4.2 Oeleffonsfrom Agreement <br /> <br />4.2.1 Designated Hardware <br /> <br />Either party may remove Designated Hardware from the Agreement by providing ninety (90) days <br />advance written notice to the other party, with the deletion to take effect at the end of the month in <br />which falls the ninetieth day from the date notice was received by the other party, or at the end of the <br />Coverage Period, whichever comes first. In the event either party withdraws maintenance for an item of <br />Designated Hardware, the charges pertaining to such item of Designated Hardware sholl be prorated for <br />the remaining term of this Agreement, and if applicable, to the extent charges were prepaid. refunded to <br />Customer in whole months only. <br /> <br />4.2.2 Covered Products <br /> <br />'Either party may provide written notice to the other party at least thirty (30) days prior to the end of any <br />'Coverage Period of its intent to remove any individual Covered Products from the Agreement for the <br />renewal period. Neither party may remove Covered Products other than Designated Hardware except <br />upon Agreement renewal. <br /> <br />, Customer may not remove from Coverage individual software licenses of 0 software product for which <br />Customer has multiple copies under maintenance at one site or for software licenses that are being used <br />Interdependently at a single site. <br />
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