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25E - AGMT - COMPUTERIZED CASHIERING SYS
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03/18/2014
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25E - AGMT - COMPUTERIZED CASHIERING SYS
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Last modified
3/13/2014 2:37:11 PM
Creation date
3/13/2014 1:39:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25E
Date
3/18/2014
Destruction Year
2019
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(ii) not to use this information other than in the course of this Agreement; <br />(iii) not to disclose or release such information except on a need -to -know only <br />basis; <br />(iv) not to disclose or release such information to any third person without the <br />prior written consent of the Organization, except for authorized employees <br />or agents of the Consultant; and <br />to take all appropriate action, whether by instruction, agreement or otherwise, to ensure that <br />third persons with access to the information under the direction or control or in any <br />contractual privity with the Consultant, do not disclose or use, directly or indirectly, for any <br />purpose other than for performing the Services during or after the term of this Agreement, <br />any material or information, including the information, without first obtaining the written <br />consent of the Organization. <br />6.3 lode iation <br />The parties agree to submit, any claim, controversy or dispute arising out of or <br />relating to this Agreement or the relationship created by this Agreement to non - binding <br />mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. <br />The mediation is to be conducted by either an individual mediator or a mediator appointed by <br />mediation services mutually agreeable to the parties. The mediation shall take place at a time <br />and location which is also mutually agreeable; provided; however, in no event shall the <br />mediation occur later than ninety (90) days after either party notifies the other of its desire to <br />have a dispute be placed before a mediator. Such mediator shall be knowledgeable in software <br />system agreements. The costs and expenses of mediation, including compensation and expenses <br />of the mediator (and except for the attorney's fees incurred by either party), is to be shared by the <br />parties equally. If the parties are unable to resolve the claim, controversy or dispute within <br />ninety (90) days after the date either party provides the other notice of mediation, then either <br />party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless <br />the time period is extended by a written agreement of the parties. <br />6.4 Addresses for Notice <br />Any notice required or permitted to be given to any party to this Agreement shall <br />be given in writing and shall be delivered personally, mailed by prepaid registered post or sent <br />by facsimile to the appropriate address or facsimile number set out below. Any such notice shall <br />be conclusively deemed to have been given and received on the day on which it is delivered or <br />transmitted (or on the next succeeding business day if delivered or received by facsimile after <br />5:00 pan. local time on the date of delivery or receipt, or if delivered or received by facsimile on <br />a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the <br />third business day following the date of mailing, and addressed, in the case of the Consultant, to: <br />SYSTEM INNOVATORS, A DIVISION OF <br />N. HARRIS COMPUTER CORPORATION <br />10550 Deerwood Park Blvd, Suite 700 <br />Jacksonville, FL 32256 <br />25E -12 <br />
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