HomeMy WebLinkAboutGEOPHEX LTD.City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect. i-gIa
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with
COTC Office Use Only
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No. N-2016-095 was completed on and final payment has been made.
(List all amendments. Use space below if needed.)
Department: Fle in - t ld ml--
Phone/Ext.:
Signature: - �-----
Date: //e> -!
Revised: 01-07-76
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SAWPA— Eligible Agency Imagery License Agreement
Geophex, Ltd,
605 Mercury Street
Raleigh, North Carolina
27603
between
& City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA
92703
Date of This License Agreement; May 24, 2016
ALL DATA DELIVERED TQJ9_Q_QN_Q_EB_THlS AGREEMENI IS COPYRIGHT TE
License Agreement for digital aerial photography
This License Agreement ("License Agreement") is a legal and binding agreement between the City listed above
("Licensee") and Geophex, Ltd. CGeophex"), This License applies to the digital aerial photography being delivered to
Licensee herewith and any additional data delivered therewith (collectively, the "Licensed Imagery"). The Licensed
Imagery delivered under this License Agreement is licensed by Geophex for use only under the terms and conditions set
forth herein. Accessing the Licensed Imagery or related data provided to you by Geophex indicates that you accept, and
agree to, and will abide by the terms and conditions of this License Agreement,
1, Grant of License
Geophex grants Licensee a non-exclusive, non -transferable license to use the Licensed Imagery under the terms
set forth herein. Licensee shall have the right to use the Licensed Imagery for internal operations by employees of
Licensee only and any contractors who are doing specified work for Licensee and only with respect to such work
(the "Permitted Use"). If Licensee is a government agency, the permitted Use shall permit use of the Licensed
Imagery ONLY in connection with water resource management, flood control and water conservation activities
and not in connection with any other activity, including, without limitation, other municipal activities, such as public
works, engineering, non -water -related GIS, emergency response or the like. If Licensee wished to obtain and
expanded license to permit the use of the Licensed Imagery beyond the Permitted Use, it shall make
arrangements to do so with either Geophex, or Geophex's authorized distributor, Eagle Aerial Solutions. Licensee
shall fully reimburse and Indemnify, defend and hold harmless Geophex, for any loss, liability, claim or damage to
either of their economic interests or intellectual property rights arising from any violation of the terms of this
License Agreement. The terms of the preceding sentence shall survive the termination of this License Agreement.
2, General
This License Agreement shall be governed by the laws of the State of California. No failure or delay by either
party in exercising any right, power or remedy with respect to any of the provisions of this License Agreement
shall operate as a waiver thereof. This Agreement sets forth the entire agreement between the parties. There are
no other understandings, terms or agreements expressed or implied, oral or written. No alteration, change or
modification of the terms of the Agreement will be valid unless made in writing, signed by all parties. If any dispute
should arise with respect to the subject matter of this License Agreement, the prevailing party shall be entitled to
recover from the other party all attorneys' fees and costs incurred In connection with such dispute, whether or not
such dispute shall be brought to final judgment.
License Agreement between City of Santa Ana and Geophex, Ltd, Page 1 of 2
IN WITNESS WHEREOF the parties hereto have executed tuts License Agreement as of the date first herelnabove written.
Oaaphex
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Title: r ,�, n _,.,,�
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By
J se andoval
6�
Chief Assistant City Attorney
RECOMMENDED FC,# APPROVAL:
5—M
L-�-
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
License Agreement between City of Santa Ana and Geophex, Ltd. Page 2 of 2