2010 020 Ordinance - Laserfiche WebLink

Home Browse Search

1 hour to 8 hours S/ 8 hours or more 10/ 6. Term 6.1, The term of this Service Agreement is five (5) years, beginning on the Effectlve Date. 7, Termination 7.1. Termination Due to iVon-Performance. ff either party fails to perform under any provision of the Agreement except as provided in Section 7.2 (a), then the other party may serve wr(tten notice upon the non-performing party specifying the nature of the failure. If, within 60 days of the date notfce is served, the non-conforrning party has not cured the default or presented a plan acceptable to the other party to cure the defauit, theri upon expiration of the 60-day period, the party giving notice may, at its option, terminate the Agreement. Any liquidated damages • with respect to Servtces having minimum commitments will be set out in the applicable Addendum provided no sueh minimum commitments will be appticable in any sftuation in which OneCommunity is in material default for non-performance. 7.2. 7ermination by Mayfield Viliage. (a) If Subscriber has not paid OneCommunity Fees when due and payable, or any fees payable to oneCommunity for additionaf services that have been perforrned or any other properly due amounts, and if such fai[ure has contfnued for thirty (30) days after written notice of non-payment has been provided to Subscriber then Mayfield Village may terminate this Agreement immediately by written notice to Subscriber or suspend the Services. (b) Mayfield Village may terminate or suspend the Services under this Agreement by providing 90-days written notice. Subscriber may terminate or suspend Services under this Agreement by providing 30-days written notice to Mayfield Viliage with no penalty beyond monthfy charges up ta date of termination or suspension. In addition, Subscriber may terrnfnate Services as otherwise provided herefn. 7.3. Other Termination Situations, Either party shall have the right to immecfiateEy terminate this Agreement, in whole or in part, upon written notice to the other if the other party: (a) Ceases to do business as a going concern; (b) Makes an assignment for the benefl# of its creditors; (c) Admits in writing its inability to pay its debts as they become due; (d) Becomes insolvent, suspends or abandons Ets business; (e) Authorizes, applies for, or consents to the appointment of a trustee or receiver of all or a substantial portion of its assets; (f) Ffles a voluntary petition under any bankruptcy or insolvency law or flfes a volnntary petitian under the reorganization provision of the laws of the United States; or (g) A court assumes jurisdiction over the assets of that party. (h) Is unable to fulfili its obligations under this Agreernent due to Force Majeure as referred to in Section 9.1 lasting more than ten (10) days and, upon twenty-four (24) hours writYen notice from the other. (1) Subscriber relocates to a new location where direct transfer ofi'services is (i) not commercially viable at the same prices or (ii) not feasible for the Subscriber to continue as defined in this Agreement. This does not 0 onecomrr-?unity Page 5 of 9 Revislon 5414112