Res 1997-092 - Laserfiche WebLink

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JUN-04-1997 15:06 LJILTEL 71.5 307 4090 P. 06/13 l1/rE 13) DEFAULT. If, prior to Delivery Date, CustOmer cancels an equipment order placed pursuant to this Agreement, WilTel, in addition to other remedies available to it at law or m equity, shaH be entitled to retain all monies paid by Customer and recover additional monies, if necessary, to cover costs mcluding overhead incurred by WilTel in preparation for and any actual perfonnance under this Agreement. If Customer fails to pay any sums when due, or otherwise faits to perform any obligation when required, WilTel, in addition to other remedies available to it at law or in equity, may cease installing the System. 14) FORCE MAJEURE. WilTel's performance shall be adjusted or suspended by WilTel to the extent performance is beyond WilTel's reasonable control for reasons including, withom limitation, the following: strikes, work stoppages, fire, water, flood, lightning, governmental action, actS of God or public enemy, delays of suppliers, subcontractors, power company, local - exchange company, or other carrier. 15) DISPUTES AND APPEALS The parties agree to attempt to resolve between themselves any dispUtes that may arise. 16) CERTIFICATES OF INSURANCE; PROPERTY DAMAGE. Certificates of public liability, casualty and worker's compensation insurance shall be obtained by WilTel in the amounts specified by Customer and filt:d with Customer and will be subject to Customer's approval both as to amount and adequacy of protection. WilTel shall make all payments in accordance with unemployment, old age, and other insurance and social security provisions of the federal, state and municipal governments and all other governing bodies, pursuant t,o laws made and provided for that purpose, whether enacted at the time of or prior to execution of the Contract or during the progress of the work hereunder and shall assume all liability for the compliance with the requirements thereof. To the extent the damage, loss or theft is caused by the negligence of WilTel, WilTel shall assume all liability for injuries to or loss of Customer property or the property of any other contractor which may be employed by Customer in customer Premises or to any adjoining property or the property of any third person or subcontractor and by the employees of each of .them and shall, at its own expense, and subject to the limÌ!:aJions set forth in this Agreement, indemnify the Customer for any such damage, loss or theft. The liability of WilTel under this section is not dependent upon ,the failure of Customer to direct WilTel to take any particular precaution or refrain from doing any particular act. 11) SUSPENSION OR TERI\fiNATION OF WORK. Customer shall have the right to order the work of WilTel or any subcontractor wholly or partially stopped if the materials furnished or the work done is not in strict accordance with the provisions and specifications of the Contract and may, after providing WilTel with notice of the deficiency and a reasonable opportunity to cure such deficiencies, terminate the Agreement. Such stoppage or suspension shall not in any way invalidate any terms of the Contract and no extra charge will be allowed WilTel by reason of such sroppage or suspension. If Customer chooses not to have WilTel correct such deficiencies, Customer agrees to accept the work and pay the full Cash Price even though me work does nor comply with the contracted specifications 18) MISCELLANEOUS. (a) If CustOmer issues a purchase order for its own internal purposes, CustOmer agrees that only the terms and condiIions of this Agreement apply. Conflicting terms on a Customer's purchase order or similar document used to order a System, or portions thereof 5