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Res 2001-147
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Res 2001-147
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7/10/2006 11:54:30 AM
Creation date
7/10/2006 11:54:12 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-147
Date
8/27/2001
Volume Book
144
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<br />pay the company the amount necessary to bring the account current as of the date <br />of termination. <br />B. If there is a material breach of the terms of this Agreement by the Client, the <br />Company may immediately terminate service to the Client. In the event of such <br />termination, Client agrees to pay the Company as follows: <br />1. If the termination of the service is within one year of the initiation of service <br />by the Company to the Client, Client agrees to pay the full amount of the <br />annual fee as set forth on Schedule A to this Agreement. <br />2. If the termination of service by the Company under this section is later than <br />one year from the date the Service commenced, Client agrees to pay an <br />amount equal to one month of service to be determined by pro rating the <br />annual contract amount. <br /> <br />9 Renewal <br /> <br />No later than thirty (30) days prior to the termination of this Agreement" the Company <br />will provide to the Client an estimate for the expected cost for retention ofthe Service for the next <br />year. If the Client chooses not to extend the Service, the Client will provide written notice of its <br />intent not to renew this Agreement to the Company no later than fifteen (15) days prior to the <br />termination of this Agreement. If the Company is so advised, then the Service will terminate on <br />the anniversary date or another date as agreed to by the Company and the Client, and all charges <br />for and access to the Service will cease. Ifthe Client does not provide written notice within the <br />time specified, this Agreement shall automatically renew for an additional one year period at the <br />rate provided by the Company to the Client under this Section. <br /> <br />10 Discontinuance of Service <br /> <br />If the Company decides to discontinue the Service as a line of business, the Company <br />will notify the Client as soon as practical, but in no case less than thirty (30) days prior to the <br />cessation of service. As of the date of termination of the Service under this section, the Company <br />will refund any unused portion of the annual contract fee for the Service to the Client. If the <br />Service is provided at any time during a calendar month, then the Service will be considered to <br />have been provided for the entire calendar month. <br /> <br />At the termination ofthe Service to the Client, all ofthe Client's data will be deleted <br />from the Company's active server. The Company will maintain an archive ofthe data for a period <br />of twelve (12) months unless specifically directed in writing to destroy the data by the Client. <br /> <br />11 Disclaimers <br /> <br />THERE ARE NO WARRANTIES, CLAIMS, OR REPRESENT A TIONS MADE BY THE <br />COMPANY, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WITH <br />RESPECT TO THE SERVICE AS TO QUALITY, PERFORMANCE, MERCHANTIBILITY, <br />COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY <br />WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR <br />TRADE USAGE. <br /> <br />Some states or jurisdictions do not permit the disclaimer of implied warranties, so this <br />disclaimer may not apply. In states or jurisdictions that prohibit disclaimer of implied warranties <br />
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