Res 1998-102 - Laserfiche WebLink

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days after written notice has been sent by Provider to Participant, the Participant shall be deemed in default under this Agreement. 11.2 In the event of default, Provider has the right to immediately terminate either the service or this Agreement, retain all payments made here'.mder, deny Participant any service provided by the radio system or systems identified herein, and impose a separate charge for disconnect and a separate charge for reconnect expenses each in the same amount stated as the initial activation charge on Community Link Mobile Radio Service Agreement. If disconnect takes place, Participant may also be subjected to additional costs for reprogramming its equipment. Each and all of the rights and remedies of Provider hereunder are cumulative to and not in lieu of each and every other such right and remedy and every other right and remedy afforded by law and equity. 113 In the event Participant shall at any time not have in effect a budget which contains funds to pay the charges provided for in this Agreement, the Participant shall be deemed to have non-appropriated funds on the last effective date of a legally adopted budget containing funds to pay charges provided for hereunder. Upon the expiratior: of such a budget, the Participant shall have no further liability under this Agreement and shall be deemed to be in default as provided in this section of the Agreement. The Participant shall not be liable for payment of charges for disconnecting and similar charges but shall be charged amounts set by Provider if Participant wishes to reconnect at a future date, such amounts to cover the charges of disconnection, reconnectio!l and administrative overhead associated with such actions. All payments, if any, made pursuant to this Agreement shall be made from current revenues available to the paying party. 12. \VARRAl"lIES 12.1 Provider warrants that its management and operation of the Trunked Radio System will comply with reasonable and standard industry practices. Provider further warrants that it will operate the Trunked Radio System in coopliance with all applicable statutes, laws, ordinances, rules and regulations, including but not limited to those of the FCC (such as waiver and eligibility requirements). 12.2 Participant agrees (a) to observe and abide by all applicable statutes, laws, ordinances, rules and regulations, including but not limited to those of the FCC (such as waiver and eligibility requirements), and (b) to operate the equipment so as not to cause undue interference with any other users using the Trunked Radio System. Provider will provide Participant with copies of the relevant FCC rules and compliance information. Participant recognizes that applicable FCC rules and other statutes, laws, ordinances, rules and regulations may change from time to time and that, accordingly, Provider in its sole discretion has the right without liability to modify this contract to comply with any such changes. Participant further warrants to Provider that it will operate the equipment for the purposes contemplated by this Agreement, and that Participant shall not re-sell service, LoWER COLORWO RIvER AuTHORITY -7-