1994 014 Ordinance - Laserfiche WebLink

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r, lbiayfield Village Creative Microsystems, Inc. 9) TERMINATION. The CUSTOMER may terminate this Agreement at any time upon: A. 30 days written notice of termination presented to CMI, and B. The return of all copies of the PROGRAM including all documentation, models, descriptions, forms and instructions, and C. Certification that no copies of the PROGRAM remain in CUSTOMERS possession, and D. Payment of all of the outstanding CMI invoices for goods and/or services already provided. After written notification of default and a 30 day grace period, CMI may terminate this Agreement by reason of breach by CUSTOMER of any term of this Agreement, and/or in the event that CUSTOMER shall fail to pay any invoice according to the terms of this agreement, be unable or unwilling to perform the data entry and other tasks required of the CUSTOMER in the installation process and/or to utilize the PROGRAM in a timely and proper manner or become insolvent or a pazty to any bankruptcy or receivership proceeding or any similaz action affecting the affairs or property of CUSTOMER. Upon written notice of termination by CMI to CUSTOMER, CUSTOMER shall: A. Return all copies of the PROGRAM, including all documentation, models, descriptions, forms and instructions, and ' B. Certify that no copies of the PROGRAM remain in CUSTOMER'S possession, and C. Pay all of the outstanding CMI invoices for goods and/or services already provided. 10) ACCEPTANCE Installation of the PROGRAM shall be deemed complete once the CMI has loaded the software application(s), instructed the CUSTOMER on its use, and the CUSTOMER has had ample opportunity to inspect and review the installed software product. The inspection shall occur within ten working days of the date that CMI notifies the CUSTOMER that the software application(s) is complete. Acceptance shall occur automatically once the CUSTOMER has used the software for a period of two consecutive months in its normal course of business, provided the software performs in accordance with the specifications included in the CMI product overview.. Installation of any EQUIPMENT provided by CMI shall be deemed complete once the CMI has delivered and setup the equipment listed on Addendum C, if applicable, instructed the CUSTOMER on its use, and the CUSTOMER has had ample opportunity to inspect and review the installed equipment. The inspection shall occur within ten working days of the date of delivery and setup. Acceptance shall occur automatically once the CUSTOMER has used the hazdware for a period of two consecutive months in its normal course of business, provided the hardware performs in accordance with the manufacturer's product specifications. 11) GENERAL PROVISIONS This Agreement, including all addenda, shall be governed by the laws of the State of Ohio. This Agreement, including all addenda, contains the complete and exclusive statement of the Agreement between the parties and supersedes all prior discussions, proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties. All notices hereunder shall be in writing and shall be deemed to have been given when mailed by Certified Mail, return receipt requested to the address of the parties as written herein or by delivery in person to either pazty.?, / , 3 ? .? ?