Laserfiche WebLink
6.1 .B. - Page 6 <br /> Section 9. Termination for Cause. Upon material breach of the terms of this <br /> Agreement, the non-breaching party shall provide written notice to the breaching <br /> party specifying the nature of the default. The breaching party shall have a <br /> minimum of 30 days from the date of receipt to cure any such default prior to the <br /> effective date of termination. <br /> Termination for Convenience. Either party may terminate this Agreement without. <br /> cause upon 60 days' prior written notice to the other. <br /> Rights Upon Termination. Upon termination for whatever reason and regardless <br /> of the nature of the default (if any), City agrees to pay Consultant in full for all <br /> Services provided.to City under this Agreement, or any amendment thereto, as of <br /> the effective date of termination of the Agreement. <br /> 6. Section 16. Limitation of Liability is hereby amended to read in its entirety as <br /> follows: <br /> Section 16. Limitation of Liability. Client agrees that Consultant's total liability to <br /> Client for any and all damages whatsoever arising out of or in any way related to <br /> this Agreement shall not in the aggregate exceed $150,000.00. This limitation <br /> shall not apply to direct damages as a result of: (I) personal injury; (ii) personal <br /> property damage; and (iii) U.S. copyright infringement. <br /> In no event shall Consultant be liable for indirect special incidental economic <br /> consequential or punitive damages including but not limited to lost revenue lost <br /> profits replacement goods loss of technology rights or services loss of data or <br /> interruption or loss of use of software or any portion thereof regardless of the <br /> legal theory under which such damages are sought even if Consultant has been <br /> advised of the likelihood of such damages and notwithstanding any failure of <br /> essential purpose of any limited remedy. <br /> Any claim by Client against Consultant relating to this Agreement must be made <br /> in writing and presented to Consultant within one (1) year after the date on <br /> which Consultant completes performance of the services specified in this <br /> Agreement. <br /> 7. A new Section 18 is hereby added to the Agreement to read in its entirety as <br /> follows: <br /> Section 18. Subcontracting.nt acting. Consultant will not subcontract any portion o rt on of the <br /> Services ces without prior written approval of Ci ty Manager or his/her designee. If <br /> Consultant subcontracts any of the Services, Consultant will be fully responsible <br /> to City for the acts and omissions of Consultant's subcontractor and of the. <br /> P ersons either directly or <br /> indirectly employed by the subcontractor, as <br /> Y , <br /> Consultant is for the acts and omissions of persons directly employed by <br /> Consultant. Nothing contained in this Agreement will create any contractual <br /> REV;09-20-16 RL <br /> Rage 4 of 10 <br /> ATTY/AGR.Arnend No.6/Maximus Consulting Services, Inc <br />