BENTLEY SYSTEMS, INC. - 2013 - Laserfiche WebLink

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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL nATC Z -3-(4 CW2023388 CITYOFSANTAANA ,gutty» AMENDMENTNO. I TO fib' SWainino lnWoruamro SELECT PROoRAM AGREEMENT Amendment No.1 to Bentley SEIXCT Program Agreement (CLA No, 10362400) 1r This Amenchnent No. 1 ( "Amendment ") is made this day of January, 2014, by and between Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685 Stockton Drive, Exton, Pennsylvania 19341 ( "Bentley "), and City of Santa Ana, a California municipal corporation with principal offices at 20 Civic Center Plaza, Santa Ana, California 92701 ( "Subscriber "). WHEREAS, Bentley and Subscriber are parties to that certain Bentley SELECT Program Agreement with an execution date neat to or oven with the date hereof (the "Agreement "), and desire to amend the Agreement on the terms stated in this Amendment; NOW THEREFORE, the parties, intending to be legally bound, hereby mutually agree as follows: 1. Continuity of Definitions, Unless defined in this Amendment, any capitalized tern herein has the meaning stated in the Agreemcut. 2, Effective Date. Section 1.11 of Exhibit B to the Agreement is deleted in its entirety and replaced with the following: 1.11, ")affective Date" means December 2,2013," 3, Payment Terms. Section 201 of Exhibit B to the Agreement is amended by deleting the first sentence thereof and replacing It with the following: "Subscriber shall pay each Bentley invoice for all CALs, Product licenses and services provided hereunder within forty -five (45) days from the date of such invoice," 4, Proprietary Information. Section 3.06(c) of Exhibit B to the Agreement is amended by adding after the last sentence thereof the following: "Notwithstanding tho foregoing restrictions, Subscriber and its persomiel may use and disclose any information to the extent required by the Freedom of Information Act, the California Public Records Act, an order of a court of competent jurisdiction, or as necessary to protect its interest in this Agreement, but in each case only after Bentley has been so notified and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure." City of Santa Ana Amendment No. 1 Page 1 of 3 The igforinanon contained in this Amendment is proprietary ofBentley,�usteinq, fncorporated, and is not to be disclosed to any third party withoutBeniley's express prior written consent. + f