25E - AGMT - LASERFICHE UPGRADE AND MAINTENANCE

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(1) if either party breaches an obligation to pay moneys owed to the other, and fails to cure the non - payment within ten days written notice of non - payment; (2) if the other party breaches any non - monetary provision of this Agreement and the breach is not remedied within thirty days of the party's receipt of written notice of the breach; provided, however, that if a breach cannot reasonably be remedied within thirty days of written notice, such breach will be remedied as soon as reasonably possible thereafter, but in any event within ninety days of written notice; or (3) if at any time after the commencement of the Services, Licensee, in its reasonable judgment, determines that such Services are inadequate, unsatisfactory, or substantially nonconforming to the specifications, descriptions, or warranties contained herein and the problem is not remedied within ninety days of the party's receipt of written notice describing the problem. B. Survival. Termination of this Agreement will not affect either party's obligation to pay for any products or services incurred before termination and will not release the parties from their respective contractual obligations incurred before termination including, without limitation, to protect the Confidential Property of the other. 15. Notices. Notices must be given in writing to the address stated at the end of this Agreement, or to such other address as either party may substitute by written notice to the other. Any notice involving breach or termination, must be personally delivered or sent by recognized overnight courier (such as Federal Express or DHL) or by certified mail, postage pre -paid and return receipt requested, with a copy by email or fax. All other notices may be sent as stated above, or by fax, email, or First Class Mail. All notices will be deemed to have been given and received on the earlier of actual delivery (except that faxes, emails and other notices received on a non - business day or after business hours will be deemed received on the next business day, according to the recipient's business calendar) or three (3) days from the date of postmark. A notice will be valid, even if not fully compliant with the above procedures, if the party giving notice has complied with any means of transmission and can prove that the recipient actually received the notice. 16. Insurance. Prior to undertaking performance of work under this Agreement, Laserfiche shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Laserfiche shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Laserfiche's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total Laserfiche Enterprise Software License and Professional Services Agreement 25E -21 Page ]9