Res 2009-155 - Laserfiche WebLink

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Quick Start Implementation Agreement Re: Agreement Addendum #091001 Page 3 of 10 3.6 Maintenance, support and escrow provisions regarding the Licensed Software shall be dealt with in a separate agreement. 4. TIMELINESS OF PERFORMANCE: 4.1 In the event that any delays in meeting CUSTOMER's deadlines or Completion Dates are caused by the unacceptable performance of any HIGH LINE employee or any other cause within the reasonable control of HIGH LINE, HIGH LINE shall provide additional personnel in order to complete the assignment involved in a timely manner. However, HIGH LINE shall not be in any manner whatsoever responsible, liable or accountable for any additional costs, expenses, loss of profits, loss of opportunity or any other out of pocket expenses or economic losses of the CUSTOMER resulting from any delays of any kind which can be attributed to HIGH LINE. 4.2 In the event that there are any delays which are attributable to CUSTOMER or its employees, suppliers or contractors, then CUSTOMER shall reimburse HIGH LINE for all additional time or expenses incurred by HIGH LINE in accordance with the rates established in the License Agreement Addendum #091001 and the Schedules hereto or the Implementation Planning Report Document, as the case may be. 4.3 Neither party shall be responsible for any delays that are not due to such party's fault or negligence or that could not have been reasonably foreseen or provided against. In the event of any such delays, the Completion Dates shall be extended for the duration of such delays. 5. INSTALLATION OF LICENSED SOFTWARE: 5.1 HIGH LINE shall deliver one complete working copy of the latest release version of the Licensed Software to CUSTOMER at its designated location within the timetable set out in Implementation Planning Report Document, after final execution of this Agreement by all parties and payment of any initial fees or deposits required by the License Agreement and the Implementation Planning Report Document. HIGH LINE will not be required to deliver source code for the Licensed Software. 5.2 Following delivery, HIGH LINE will install the Licensed Software on the Test System in accordance with the Implementation Planning Report Document. 5.3 "Installation" of the Licensed Software will be deemed to have been completed when a complete, working copy of the latest release version of the Licensed Software has been installed on the Test System and the Licensed Software have been tested and proven to work based upon test data supplied by HIGH LINE and in accordance with HIGH LINE's published specifications for the Licensed Software. 5.4 CUSTOMER shall have seven days following notification from HIGH LINE that the Licensed Software has been Installed on the Test System to satisfy itself that one complete, working copy of the Licensed Software has been installed on the Test System. CUSTOMER shall be deemed to have fully accepted the Licensed Software as installed, unless CUSTOMER otherwise notifies HIGH LINE in writing within the seven days following notification of Installation. 6. IMPLEMENTATION AND TRAINING: 6.1 After completion of Installation, the Professional Services will proceed with the implementation