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, <br />City_ of North Olmsted, Nxxx xxxx 0 27 <br />4. CITY can withhold in an escrow account any fees due VENDOR as a <br />guarantee to resolve said disputes. During this period, VENDOR cannot <br />withhold support, maintenance or hot line support. <br />Liquidated Damages <br />The following identified modules are subject to liquidated damages for failure to <br />deliver by the specified date. If VENDOR fails to deliver a working product by the <br />target date identified, or if the VENDOR abandons the Project, then VENDOR shall <br />pay to CITY a fixed liquidated damages fee of AMOUNT or 100% of the License Fee <br />for the delayed module, which ever is less. <br />MODULES TARGET DATE <br />General Led er, Bud etinQ, AP, PurchasinQ , 2004 <br />Pa roll and Personnel .2004 <br />Revenue billin and collections . 2004 <br />The following identified modules, enhancements, conversions and interfaces are <br />subject to a penalty for failure to deliver by the specified date. If VENDOR fails to <br />deliver these identified services by the target date identified, or if VENDOR abandons <br />the Project, the VENDOR shall pay to CITY a liquidated damage amount equal to <br />$100 per day for each day past the day the service is delayed. Any such liquidated <br />damages shall be capped at a total equal to 50°Io of the License Fee for the module with <br />which the service is associated. Functional specifications are described in the Exhibits. <br />?MODULE/ENHANCEMENT/CONVERSION/INTERFACES TARGET DATE <br />Non-Payment <br />As defined by the terms of this agreement, if the VENDOR is not compliant with the <br />deliverables, the CITY can withhold with cause payments for deliverables that are not <br />compliant until such deficiencies are remedied. During this period of non-payment, <br />the VENDOR is still obligated to provide the agreed upon maintenance and support. <br />The CITY must give written notice of intent to withhold payment, and the vendor must <br />resolve outstanding issues within thirty days. <br />Prepared by Barry Strock Consulting Associates, Inc. O 2004 <br />?s . <br />?