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FULL PACKET_2012-06-18
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06/18/2012
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FULL PACKET_2012-06-18
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4/6/2017 4:38:28 PM
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6/14/2012 6:02:14 PM
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City Clerk
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Agenda
Agency
Clerk of the Council
Date
6/18/2012
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disclosure. The terms and provisions of this section shall survive any termination of this <br />Subscription and Support Agreement. <br />TERMINATION <br />18. The Customer may terminate this Agreement at any time and for any reason upon thirty (30) days <br />prior notice to Company. <br />In the event of a material default by the Customer under this agreement, Company may terminate <br />this Agreement upon thirty (30) days prior notice to Customer, provided that Customer has been <br />given thirty (30) days notice to cure the default. <br />LIMITATION OF LIABILITY <br />19. To the extent permitted by law, neither party's liability to the other party in connection with any <br />cause of action, costs or damages relating to this Subscription and Support Agreement shall exceed <br />the annual fee paid in the twelve month period preceding the event giving rise to the claim. <br />Notwithstanding the foregoing, for purposes of the services performed by Company under this <br />Subscription and Support Agreement, Company agrees to fully defend, indemnify and hold <br />harmless Customer, its officers, employees and agents from any damage, loss, liability, costs <br />(including reasonable attorneys fees), claim or cause of action arising out of injury, loss or damage <br />to real property or tangible personal property, or arising from personal injury or death, where such <br />damage, loss, liability, costs, claim or cause of action is caused or incurred in whole or in part as a <br />result of any negligent or wrongful act or omission or willful misconduct of Company, its officers, <br />employees, agents, contractors and assigns. Company's obligation hereunder is contingent upon <br />Customer providing Company prompt written notice of any such claim, action, lawsuit or other <br />proceeding and Customer shall fully cooperate with Company in the defense and all related <br />settlement negotiations. The existence of any insurance policies or coverage's shall not affect the <br />parties' rights and obligations hereunder. <br />GENERAL <br />20. This Agreement shall be binding upon the successors and assigns of both parties, provided, <br />however that no assignment, delegation or other transfer shall be made by Company without the <br />prior written approval of the Customer, which approval shall not be unreasonably withheld. <br />21. This Agreement, together with Schedule A and Schedule B, which are incorporated herein by <br />reference, is the sole and entire Agreement between the parties. This Agreement supersedes all <br />prior understandings, agreements and documentation relating to such subject matter, except for the <br />concurrently executed Setup and License Agreement. No modification or amendment of this <br />Agreement will be valid or binding unless reduced to writing and duly executed by the party or <br />parties to be bound. <br />22. Each party shall be excused from delays in performing or from its failure to perform hereunder to <br />the extent that such delays or failures result from causes beyond the reasonable control of such <br />Coplogic - DORS Software Subscription, Support and Maintenance Agreement <br />6 <br />251-8
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