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25B - AGMT - PD SOFTWARE SYS
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25B - AGMT - PD SOFTWARE SYS
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11/12/2015 2:33:31 PM
Creation date
11/12/2015 1:58:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
25B
Date
11/17/2015
Destruction Year
2020
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4.3 All amounts due and payable to TriTech hereunder shall, if not paid when due, bear <br />a late charge equal to one and one -half percent (1 -1/2 %) per month, or the highest rate permitted <br />by law, whichever is less, from forty -five (45) days after their due date until paid. The remittance <br />address for payments only is: <br />TriTech Software Systems <br />P.O. Box 203223 <br />Dallas, TX 75320 -3223 <br />4.3.1 In the event that Client is in arrears on payments due to TriTech of more <br />than sixty (60) days from the due date, TriTech in its sole discretion may elect to stop work on the <br />Project for non - payment until Client becomes current on payments due. In such event the Project <br />Schedule will be adjusted accordingly, and TriTech shall not be considered to be in default for <br />delays caused by Client's non - payment. <br />4.4 If Client desires to finance the Contract Price or any part thereof, it shall notify <br />TriTech as soon as possible, but no later than the date of contract signing, and shall work diligently <br />to secure said financing so as not to delay Delivery. TriTech shall be under no obligation to deliver <br />any item hereunder until it receives a valid purchase order or firm letter of commitment from such <br />financing company. Should Client finance the Contract Price, TriTech shall not be obligated to <br />refund any deposit until the lease or loan has been funded and TriTech has been paid in full. For <br />purposes of this Agreement, the term "finance" includes but is not limited to leasing. <br />4.5 If Client desires to purchase any of the items specified in this Agreement via a lease <br />or other financing option, this Agreement shall be incorporated by reference in the lease agreement <br />or financing agreement and the terms and conditions herein shall supersede such agreements or <br />any purchase order, assignment agreement, or other contract of the lessor or lender. <br />Notwithstanding a lease or other financing option, Client shall continue to be fully obligated under <br />this Agreement. <br />5.0 SOFTWARE LICENSES <br />5.1 In consideration for, and subject to, the payment of the license fee(s) specified in <br />Addendum A -2 of this Agreement, and the other promises, covenants and conditions herein, Client <br />is granted the following licenses to the Software: <br />5.1.1 The TriTech Software: A nontransferable, nonexclusive, perpetual right and <br />license to Use the TriTech Software and the Documentation for said Software for Client's own <br />internal use for the applications described in the Statement of Work, at the Designated Location, <br />in the quantity set forth in Addendum A -2, and on the Equipment set forth in Addendum A -2. <br />Client may make additional copies of the TriTech Software as reasonably required for archival, <br />or backup purposes, provided that such copies contain all copyright notices and other proprietary <br />markings contained on the original, and are kept confidential in accordance with Section 11.0 <br />herein. Additional TriTech Software licenses purchased after the execution of this Agreement <br />shall also be licensed in accordance with the provisions of this Section 5.0. <br />Santa Ann System Purchase and Support Agreement <br />Copyright © 2015 MiTech Software Systems <br />Unpublished: Rights reserved under the copyright laws of the United States <br />Page 6 or 104 <br />25B -12 <br />
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