2026-069 Resolution - Laserfiche WebLink

Home Browse Search

12. Immediate Violations. Vendor understands and agrees that if it is in breach of any term or condition of this Agreement, that breach may result in temporary or permanent discontinuance of ATM processing services by Operator, and the temporary or permanent shut down or disablement of the Equipment, 13. Suvoly or Utilities. Vendor agrees, at its expense, to provide and maintain a dedicated business dialup telephone line or Internet Access and one dedicated operational power outlet (I 10 volts) for operation of the Equipment Vendor understands and agrees that if it fails to turn, on, supply power, supply a telephone line or Internet Access and/or activate the Equipment covered by this Agreement, such failure shall be an immediate breach of this Agreement. 14. Rialit of Setoff. Operator shall be entitled to set off any amount owing at any time from Vendor to Operator against any amount payable at any time by Operator to Vendor, whether under this Agreement or any other agreement_ 15. Warrant) _Visclaimerend Limitation or Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPERATOR WILL NOT BE LIABLE TO VENDOR FOR ANY BUSINESS INTERRUPTION, LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WIIETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. OPERATOR'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WIIETHER ORNOT INSURED, WILL NOT EMCEED ONE HUNDREDDOLLARS. ANY ACTION AGAINST OPERATOR MUST BE BROUGHT WITHIN EIGHTEEN 0 8) MONTHS. AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WI -TETHER. IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF ERN A PENNY, INC. ASTHIRD-PAR:I'Y BENEFICIARIES. EACH PROVISION HEREOF W111CH PROVIDES FOR A LIMITATION OF LIABILITY. DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH. 16. Entire Ap-reement. This Agreement is the entire intended agreement between Operator and Vendor relating to the subject matter hereof and all prior, contemporaneous, or subsequent representations, negotiations, understandings, or agreement, whether oral or wTitten, are hereby integrated into this Agreement. Any modification of or amendment to, this fully integrated Agreement shall not be valid or effective unless it is set forth in writing, and signed by duly authorized representatives of both Operator and Vendor. iCuyahoga 17. Governina Law. This Agreement, its contents, and any dispute arising there from shaft be construed, interpreted and applied in accordance with the laws of the State of Ohio, withoutreg*rd to its conflicts of law provisions. Operator and Vendor hereby consent and agree to jurisdiction and venue in the 1tederall,)istrict Court of the State of Ohio, Northern District, or in. any court inLorain -'County' Ohio and waive any rights to jurisdiction and venue elsewhere. Vendor expressly waives the affirmative defense of lack or personal jurisdiction before said court. In any action at law, or in equity relating to the subject matter ofthis Agreement, including an action for declaratory relief, the prevailing party shall be entitled to an award of reasonable attorney fees and costs of the action in addition to any other damages awarded. Each party waives a trial by jury in any such action. ATM SITE I Location Agreement Rev 09/01107