Res 2009-151 - Laserfiche WebLink

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PART 5. DEFAULT Section 5.01. Default and Termination for Cause. Either Party may declare a default under this Agreement and may terminate this Agreement if the other: a) refuses, fails or neglects to comply with any of the terms of this Agreement; or b) made or makes any representation relied upon by the other in entering into this Agreement or in any subsequent request or submission relating to this Agreement that is false or misleading in any material respect. Section 5.02. Remedies not Exclusive. Either Party may exercise its remedies for default in conjunction with one another or separately, and together with any other statutory or common law remedies available. Any failure by either Party to enforce this Agreement with respect to one or more defaults will not waive such Party's ability to enforce the Agreement after that time. Section 5.03. Mutual Termination. Either Party may terminate this Agreement for any reason by providing written notice of termination to the other at least 90 days before the date of termination stated therein. If the City terminates under this Section, it agrees to process any applications or requests for financial assistance or incentives for which Qualified Personnel are eligible to apply filed up to and including the effective date of termination of this Agreement. PART 6. MISCELLANEOUS Section 6.01. No Joint Venture. It is understood and agreed between the parties that the City and Seton, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. NEITHER PARTY ASSUMES RESPONSIBILY OR LIABILITY TO ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT. Section 6.02. Notices. All notices required by this Agreement will be delivered to the Page 6 of 8