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25B - AGMT - PD SOFTWARE SYS
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25B - AGMT - PD SOFTWARE SYS
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Last modified
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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applicable component of the Services; (ii) all issued passwords shall be deactivated; and <br />(iii) Client shall immediately pay in full to TriTech any and all monies that are owed by <br />the Client to TriTech under this Agreement for the Services furnished up to the effective <br />date of the Agreement's termination or expiration. <br />H. Upon TriTech's reasonable belief that tortuous or criminal or otherwise improper activity <br />may be associated with Client's utilization of the Services, TriTech may, without <br />incurring any liability, temporarily suspend or discontinue the Services pending <br />investigation and resolution of the issue or issues involved. <br />I. If all or any components of the Services have been terminated as a result of a breach by <br />Client, or suspended as provided herein, and Client requests that all or any component of <br />the Services be restored, TriTech has the sole and absolute discretion whether or not to <br />restore such Services; and further, any such restoration shall be conditioned upon <br />TriTech's receipt of all Fees due and owing hereunder. <br />In the event of expiration or termination of this Agreement for any reason, each Party <br />shall promptly return to the other Party or destroy all copies of the other Party's <br />Confidential Information (including notes and other derivative material) that it has <br />received pursuant to Section VII hereof. Within thirty (30) days of termination or <br />expiration of the Agreement, TriTech shall remove and destroy Client's data. TriTech <br />will not return the data to the Client as the Client still retains the source data. <br />K, Sections IV, V, VII, VIII, IX, X, XI, XII, XIII and XIV shall survive any termination of <br />this Agreement, as well as any other obligations of the Parties that contemplate <br />performance by a Party following the termination of this Agreement. <br />VI. Client Responsibilities. <br />A. In conjunction with its obligation to participate in the Implementation Services, Client <br />will assign personnel with the required skills and authority to perform the applicable tasks <br />effectively and, further, will make best efforts to meetits obligation to supply information <br />and otherwise assist as necessary to effect the commencement of the Subscription <br />Services via the Implementation Services. Management of Client's responsibilities in <br />conjunction with the Subscription Services after implementation shall be assigned to a <br />Client Administrator who has attended training offered by TriTech to Client. The Client <br />Administrator that the Client appoints may be replaced at any time at the sole discretion <br />of the Client upon Client's written notice to Tripeclr so long as the newly appointed <br />Client Administrator has attended TriTech's training. Client will be charged additional <br />fees for any such training for Client's employees beyond the initial training for the <br />Software that is a part of the implementation Services. <br />B. Client is responsible for providing hardware, operating system and browser software that <br />meets TriTech's technical specifications, as well as providing and maintaining a fast, <br />stable, high speed connection and remote connectivity. <br />Santa Ana System Purchase and support Agreement— Addendum F <br />Copyright © 2015 . TriTech Software Systems <br />Unpublished: Rights reserved under the copyright laws of the United States <br />Page 5 of 20 <br />25B -173 <br />
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