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indemnification obligation hereunder shall include payment of the City's reasonable <br /> attorneys' fees, costs and expenses with respect thereto. <br /> Section 8.07, Default by City. Notwithstanding anything herein to the contrary, <br /> if the City fails to timely comply with any of the requirements, obligations, duties, terms, <br /> conditions or warranties of City set forth in this Agreement, such failures shall be a default <br /> by the City and the City shall have thirty (30) days to cure and remove the default upon <br /> receipt of written notice to do so from Company. Company shall have the right to pursue <br /> any rights or remedies at law or in equity against City or as set forth herein. The City's <br /> failure to appropriate funds under Section 6.02 is not a default, subject to the terms, <br /> provisions and conditions thereof. Notwithstanding anything to the contrary in this <br /> Agreement, Company expressly releases the City from any claims for lost profits, <br /> speculative, indirect, consequential, or punitive damages arising from a breach of this <br /> Agreement. <br /> ARTICLE IX <br /> MISCELLANEOUS <br /> Section 9.01. Entire Agreement. This Agreement, including the Recitals and the <br /> Exhibits hereto, contains the entire agreement between the Parties with respect to the <br /> transactions contemplated herein. <br /> Section 9.02. Amendments. This Agreement may only be amended, altered, or <br /> terminated by written instrument signed by all Parties. <br /> Section 9.03. Assignment; Successors. Company may not assign any of its <br /> rights, or delegate or subcontract any of its duties under this Agreement, in whole or in <br /> part, without the prior written consent of the City. <br /> lI <br /> 4874-3828-6824,v, 13 <br />