Res 1992-031 - Laserfiche WebLink

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71 ASSIGNmT OF RIGBTS lOl 01-01>>0 PRODUCTS RECEtVED MAY f i992 RGGIONAJ,. OO~TIV.ClS. Assignor: Assignee: City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Alliance Credit Corporation 9130 Jollyville Road, Suite 320 Austin, Texas 78759 Reference Purchase Document: Vendor: Tnrprgr~ph Prnpn~~l 7-Q701-1QOOl City of San Marcos Resolution 1992-31R Intergraph Corporation One Madison Industrial Park Huntsville, Alabama 35807-4201 1. The Assignor hereby assigns to the Assignee the right to pay the purchase price for the computer hardware and other assigned charges (i.e. software license fee(s), specified training courses, etc.) subject to the terms and conditions of the above referenced purchase letter. contract, or purchase order, including all revisions thereto, and, if applicable, the terms of the master volume purchase agreement between Vendor and Assignor (all the foregoing documents hereinafter referenced as the llPurchase Document"). Assignee hereby accepts the assignment by Assignor to pay the purchase price for the computer hardware and other assigned charges in accordance with the terms and conditions of said Purchase Document and this Assignment. Assignor and Assignee hereby agree that the computer hardware and other assigned ~roducts shall be leased by Assignee to Assignor pursuant to the lease agreement between the parties (the Lease"). Vendor and Assignee agree that title to the computer hardware (excluding title to any and all software) shall vest in Assignor on the date the computer hardware is accepted by Assignor in accordance with the terms of the Purchase Document, subject to Vendor's security interest in the c~uter hardware which shall remain until full payment of all charges for assigned product are paid to Vendor, and the terms of the Lease. Assignee hereby agrees to promptly sign ana return to Vendor any applicable filing documents necessary for the perfection of Vendor's security interest upon receipt of same from Vendor. Vendor and Assignor agree that Assignor shall be responsible for all obligations under the terms and conditions of the Purchase Document, includin~ any risk of loss prior to delivery of the ordered products to Assignor if shipping terms are FOB Vendor s factory, or if the shipped products are in the care, custody and control of Assignor and Assignor has not promptly signed Vendor's applicable acceptance form (see 6. below). Assignee's obligation to pay the purchase price shall only be with respect to computer hardware and software which is installed and other applicable assigned product charges which are accepted by Assignor and the purchase price shall be payable promptly following receipt from Assignor of Assignee's acceptance certificate, and within 30 days of receipt of invoice for same. Assignor agrees to sign Vendor's applicable acceptance form (Site Acceptance Test form or Installation Report) prior to or at the same time as the signing of Assignee's acceptance certificate. Assignor hereby agrees that, notwithstanding the provisions at this Assignment or any other agreement between Assignor and Vendor, if Assignor has not signed Vendor's and Assignee's acceptance documents within 15 days after successful installation of the ordered products Assignor will pay Vendor the purchase price for the assigned products. Assignee and Vendor hereby agree that all rights with respect to warranties, licenses, servicing, training, and other such items shall be for the benefit of Assignor for the term of the Lease. 2. 3. 4. 5. 6, 7.