BENTLEY SYSTEMS, INC - 2017 - Laserfiche WebLink

Home Browse Search

INSURANCL NOT REQUIRED W013K MAY F'fiUCUF F) CLERK Cr" COUNCIi CW2023388 0/0'c' 'l, e,Ow l CITY OF SANTA ANA AMENDMENTNo.. l To SELECT PROGRAM AGREEMENT A-2017-003 enfle" sm.hduy In Wstw m'. Amendment No.1 to Bentley SELECT Program Agreement (CLANo. 10362400) This Amendment No. 1 (the"Amendment") is made this ` day, by and between Bentley Systems; Incorporated; a Delaware corporation with its principal office and place of business at 683 Stockton Drive; Eaton, PA 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 near to or even with the date hereof (the "Agreement"), and desire to amend the Agreement upon the terms and conditions stated in this Amendment; NOW THEREFORE, the parties, intending to be legally bound, hereby mutually agree as follows: 1. Continuity of Definitions. Unlessdefuied in this Amendment, any capitalized term herein has meaning stated in the Agreement. 2. Effective Date. 'Section 1.11 of Exhibit to the Agreement is deleted in its entirety and replaced with the following; "L I L "Effective Date" means January 17,2017.1' 3. Payment Term. Section 2.01 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 Passports, Product licenses and services provided hereunder within forty -Eve (45) days from the ,date of such invoice." 4, Proprietary Information, Section 3.06(x) of P.xhibit B to the Agreement is amended by addittg after the last sentence thereof the following: "Notwithstanding the foregoing restrictions, Subscriber and its personnel 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 competentjurisdiohon, or as necessary to protect its interest in this Agreement." 5. Limited Warranty to Subscriber. Section 4.01 ofExhibit B to the Agreement is amended by insetting at line thirteen (13) thereof, between the first and second sentences thereof, the following: "Bentley also warrants for the benefit of Subscriber only (i) that Bentley has the, eight to license Products to Subscriber .under the terms and conditions stated in the applicable license agreements, and (ii) that Products licensed to Subscriber de not infringe any third party's copyright, provided Subscriber uses the Products in accordance with the applicable license agreements and Document Aria Qo, 1 Pagel The tiiforrnalioa eonfaincel in this Antenotme nt isproprietan, ofSentler Systems, Incorporated aad is not to be disclosed to any third povti%a*houtZ}ewhlp's'er7iress pr for written consent: