Res 1989-032 - Laserfiche WebLink

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converted from warranty or reconfigured equipment, City of San Marcos will be granted a twenty percent (20%) discount off the applicable Basis Monthly Charge (BMC), providing the City of San Marcos is in full compliance with the terms and conditions of this Addendum and the Agreement. 4. CORFIGDRA"rIOH CHAHGES Should City of San Marcos reconfigure the System(s) during the Term of this addendum, the BMC will be adjusted accordingly and the BMC will be fixed at the adjusted BMC rate for the remaining Term of this Addendum, excluding further changes to the configuration. NOTE: EQUIPMENT ADDED TO THE AGREEMENT OR ADDITIONAL UNITS OF TYPES OF EQUIPMENT ALREADY A PART OF A SYSTEM WILL BE CHARGED FOR AT THE PREVAILING MAINTENANCE PRICES IN EFFECT WHEN SUCH ADDITIONS ARE ORDERED. 5. TERKIRA"rIOH ICAH~.T.A~IOH A. In consideration of DGC granting City of San Marcos the long term discount and pricing structure, the parties agree that, during the first twelve (12) months of the Agreement, if this Addendum is terminated or canceled by City of San Marcos upon sixty days (60) prior written notice to DGC or if City of San Marcos does not comply with the Program Requirements under the Agreement, City of San Marcos shall be assessed a total of three (3) months of the TMC which shall be regarded as liquidated damages and not a penalty. This amount shall be computed based on the highest previous TMC assessed over the past twelve (12) months to City of San Marcos dur ing the term 0 f this the Agreement prior to DGC's receipt of City of San Marcos's notice of cancellation. All amounts under this paragraph are due and payable to DGC immediately upon invoice. B. In consideration of DGC granting City of San Marcos this Option, the parties agree that, during years two (2) and three (3) of the term, if City of San Marcos terminates or cancels this Addendum and/or the Agreement, in whole or in part, for any reason, City of San Marcos shall provide DGC Ninety (90) days prior written notice of such termination or cancellation. C. It is expressly understood and agreed by the parties hereto that the City of San Marcos' obligations under the Agreement are payable only and solely from funds available for the purpose of the Agreement. If adequate funds are not available to make payments under the Agreement, the City of San Marcos shall notify DGC within sixty (60) days after such fact is determined. The City of San Marcos shall terminate the Agreement and will not be liable for failure to make payments to DGC under this Agreement thereafter. 6. GENERAL This Addendum is subject to written acceptance by an authorized DGC representative. Upon DGC's acceptance of this Addendum, the parties agree that the terms and conditions of this Addendum, along -2-