Res 2001-023 - Laserfiche WebLink

Home Browse Search

') Service Commitment Period This Agreement shall commence on the 22nd day of January 20 01 ("Initial Period"/"Anniversary Date") and shall continue in full force and effect as so indicated below: (Customer shall initial acceptance of one of the following options, which shall be defined herein as "Standard Term".) Month to Month Basis. This Agreement shall continue in full force and effect on a month-to- month basis and shall automatically renew each month unless either Party provides thirty (30) days prior written notice to the other Party, in accordance with Paragraph 9 hereof, of its intention to terminate this Agreement. X Period of Time Basis. This Agreement shall continue in full force and effect for a period of 12 consecutive months and shall automatically renew for four additional successive like periods of time unless either Party provides sixty (60) days prior written notice to the other Party, in accordance with Paragraph 9 hereof, of its intention to terminate this Agreement at the end of the Initial Period or sixty (60) days prior to the Anniversary Date in succeeding periods. 4. Termination. Either party may also terminate this Agreement upon a material breach hereof by the other Party, which remains uncured after thirty (30) days prior written notice. Notwithstanding the foregoing, CenturyTel shall be entitled to terminate this Agreement at any time upon written notice to Customer in the event CenturyTel is not promptly paid, when due, any fees, charges, indebtedness or other amounts due CenturyTel by Customer for the services provided hereunder. CenturyTel shall also be entitled to cease providing any and all of the services contemplated herein (with or without an election by CenturyTel to terminate this Agreement) at any time that CenturyTel has not received any and all fees, charges, indebtedness or other amounts due CenturyTel by customer for services provided hereunder. 4.1 In the event this contract is terminated by Customer prior to the completion of installation of the necessary equipment, facilities and/or services provided for herein or additions and modifications thereto, customer agrees to pay CenturyTel at CenturyTel's election, either 1.) the costs incurred by CenturyTel in connection with the engineering, manufacturing or installing of said equipment, facilities and/or services as set forth in the tariffs of CenturyTelless the estimated net salvage value; or 2) the charges for the minimum period of the service ordered by the Customer as established in this Agreement plus applicable Termination Fees (as defined below). Such charges shall be billed to the Customer by CenturyTel and shall be due in full upon receipt of invoice by Customer. 4.2 Subject to 4.3, in the event that this Agreement is terminated by the Customer, other than for breach by CenturyTel, prior to the expiration date of the Standard Term of this Agreement, the Customer agrees to pay CenturyTel a termination fee ("Termination Fee") in the amount equal to the revenue commitment level multiplied by the remaining months of the Standard Term period. 4.3 Funds for payment of this Agreement have been provided through the City budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. City Council expects this to be an integral part of future budgets to be approved during the period of this contract except for unanticipated needs or events which may prevent such payments against this contract. However, the City cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are available. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 5. Force Maieure Neither Party shall be held responsible for any delay or failure in performance of any part of this Agreement (other than the payment of money) to the extent that such delay or failure is caused by fire, flood, epidemic, explosions, earthquakes, nuclear accidents, power blackouts, strike, embargo, government requirement, civil or military authorities, Act of God or by the public enemy, acts or omissions of carriers or other causes beyond their control. If any force majeure condition occurs, the Party delayed or unable to perform shall give immediate notice to the other Party. During the pendency of the force majeure the duties of the Parties under this Agreement shall be abated and shall resume without liability thereafter.