Laserfiche WebLink
Kapsch TrafficCom USA, Inc. 1 CZ7.05 l 0 <br />Page 3 <br />the use or sale of the Product is enjoined, Seller shall at its option and expense either a) procure for the <br />Purchaser the right to continue using the Product; or b) replace it with a non -infringing product; or c) <br />modify it so it becomes non -infringing; or d) remove it and refund the purchase price and the <br />transportation and installation costs thereof. <br />The foregoing indemnity does not apply to patented processes performed by or with the aid of the <br />Product, or another product produced thereby, products supplied according to a design required by <br />Purchaser and other than Seller, combination of the Product with another product not furnished <br />hereunder unless Seller is a contributory infringer, or any settlements of a Claim made without Seller's <br />written consent. <br />The foregoing states the Seller's entire liability with respect to patent or copyright infringement by said <br />Product. This provision shall survive the termination of the contract. <br />11. TECHNICAL DOCUMENTS. Unless certified as binding, technical documents shall serve as an <br />approximation only. Seller reserves the right to make any necessary alterations. Technical documents <br />bearing proprietary notices shall be held in confidence by Purchaser, shall remain Seller's exclusive <br />property, and shall not be copied or disclosed to other persons without Seller's written consent. <br />12. TERMINATION OR CANCELLATION. Contracts shall not be terminated or canceled without Seller's <br />written consent. If Seller accepts cancellation, Purchaser agrees to pay without delay the full contract <br />price for all completed work, suitable charges for unfinished work (including actual expenditures plus <br />overhead charges) and all other reasonable termination costs. <br />13. TITLEIRISK OF LOSS. The Product sold shall remain Seller's personal property until fully paid. The <br />Purchaser agrees to perform all acts necessary to protect and assure retention of title to such Product by <br />Seller until Purchaser has made full payment. Risk of loss of any part of the Product shall pass to the <br />Purchaser upon delivery at the designated delivery (F.O.B.) point. <br />14. SOFTWARE LICENSES. Any software supplied as part of this order shall remain the property of the <br />Seller or its Licensors. Purchaser agrees to execute a license or sublicense agreement, as applicable, <br />prior to delivery of any software or software documentation. <br />15. INSURANCE. Unless additional coverage or limits are provided for by specification, Seller agrees at all <br />times during the performance of its work to maintain in force Insurance as follows: <br />A. Statutory Worker's Compensation in all states includes employer's liability subject to a limit of $1,000,000 <br />each accident. <br />B. Comprehensive Automobile Liability: Combined Single Limit: $1,000,000 <br />C. Comprehensive General Liability: <br />General A r_egate — <br />$2,000,000 <br />Products-Comp10P Aggregate <br />$2,OOO,Q40 <br />Personal & Adv. Injures <br />Each Occurrence <br />Fire Dama e <br />$1,000,000 <br />$1,000,000 <br />$60,000 <br />Medical Expansa (any one person) <br />$5,000 <br />Kapsch TraHicCon, USA, Inc. 14256 Hacienda t). e% SVI(e 100 I Pleasanton, CA 04588 I Phone 9252251600 1 rax 925 225 1610 1 w AaIncch.us <br />