Res 2000-069 - Laserfiche WebLink

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7. Section 14. MAINTENANCE TERM; SERVICE FEE. is revised as follows: a. In the first sentence. delete "one year" and replace it with ""four years". b. Add the following language after the first sentence: ""During the four year Maintenance term, the Maintenance charge shall reflect $3.10 per port per month for those items for which Williams bases its charges for Maintenance on a per-port basis." 8. Section 20, ATTACHMENTS, is revised by adding the following language after the colon: "The contract documents which apply for each Order Form include this Agreement, Customer's Request for Proposal dated January 16. 2000 (the "Request") and Williams' Response to the Request for Proposal dated February 2. 2000, (the "Response") both of which are attached hereto and incorporated herein. In the event of any conflict, the order of precedence shall be this Agreement, the Response and then the Request. " 9. Section 21, MISCELLANEOUS, is revised as follows: a. Subsection (b) delete the paragraph in its entirety and replacing it with the following: "Williams may subcontract any or all of the work to be perfonned under this Agreement only upon the prior written consent of Customer, such consent not to be unreasonably \vithheld." b. Subsection (c) delete the paragraph in its entirety and replacing it \vith the following: "Except for an assignment to a parent, subsidiary, affiliate, or entity which acquires all or substantially all of a party's assets, in which case only prior written notice is required, this Agreement is not assignable by either party \vithout the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any attempt by a party to assign any of the rights, duties or obligations under this Agreement without such consent, when consent is required, will, at the non-assigning party's option, be deemed void or a material default or accepted in the non-assigning party's sole discretion." c. Subsection (e) delete the sentence in its entirety and replacing it with the following: "The non-prevailing party will pay all of the prevailing party's costs or expenses, including reasonable attorney's and collection fees, incurred in enforcing this Agreement." Subsection (k) delete "OKLAHOMA" and replacing it with: "TEXAS". 10. The Software License will be considered an independent document and shall exclusively govern the licensing of software provided hereunder. Williams does not warrant any software used in conjunction with the Systems purchased pursuant to this Agreement. WILLIAMS COMMUNICATIONS SOLUTIONS, LL BY: NAME: TITLE: CITY OF SAN MARCOS BY: NAME: L TITLE: Addendum to MOA.doc PFH Page 3 of 3