Res 2014-073/Upland did not sign agreement - Renegotiated Chapter 380 between COSM and Upland Analytics, Inc.

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In addition to any other information that the City may request under Part 3, Upland agrees that the City will have the right to review the business records of Upland that relate to Upland's compliance with the terms of this Agreement at any reasonable time. Upland shall, at such times and in such form as the City may reasonably request from Upland, provide information concerning the performance of Upland's obligations under this Agreement. To the extent reasonably possible, Upland shall make all such records available in electronic form or otherwise available to be accessed through the internet. PART 6. DEFAULT Section 6.01. Grounds for Default. The City Manager may declare a default under this Agreement and may terminate this Agreement and pursue such additional remedies as provided in the City Loan Documents if: (a) Upland refuses, fails or neglects to comply with any of the terms of this Agreement; (b) Upland made or makes any representation relied upon by the City in entering into this Agreement or in any subsequent request or submission to the City relating to this Agreement that is false or misleading in any material respect; (c) Upland allows ad valorem taxes or other fees due or owed to the City to become delinquent; or (d) Upland fails to relocate its headquarters and primary operations to the city of San Marcos by the date indicated in section 3.02. Section 6.02. Remedies not Exclusive. The City may exercise its remedies for default in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. The City may also report any default, late payment or non - payment