Laserfiche WebLink
<br />VlII.Terms and Conditions <br /> <br />This Agreement is entered into on the date signed and returned to GardenSoft This agreement is <br />between the City of Redwood City, hereinafter known as (RC), and GardenSoft. These parties agree to <br />the following provisions: <br /> <br />1. Tenn <br />This Agreement shall commence on the date signed and shall continue unless tenninated as <br />provided below. <br /> <br />2. Payment of Services and Goods <br />GardenSoft payment tenns for services and goods specified in the sections above are Net 14 days <br />upon invoicing of work perfonned. GardenSoft must receive all payments within 14 days of the <br />invoice date. <br /> <br />3. Equipment and Material Requirements <br />In cases where on-site access is required. GardenSoft requires that a desk and telephone be made <br />available to GardenSoft personnel until all work is completed. GardenSoft assumes that the <br />equipment and software that will be used to complete this project has been legally acquired and <br />remains in working condition throughout the duration of the Agreement. <br /> <br />4. Limits <br />GardenSoft's perfonnance of the responsibilities outlined in this document assumes that the <br />Customer has complied with all Customer Responsibilities and Equipment and Material requirements. <br />Contingent upon mutual consent, in writing by both parties, both parties agree to accommodate <br />deviations in the time schedule. Customer cooperation is necessary to accommodate system <br />downtime for testing and trouble-shooting. <br /> <br />GardenSoft shall not be liable for delays or interruption in service beyond its control or due to an act <br />of God, earthquake, fires, strikes, floods, unusually severe weather delays in transportation or due to <br />the fault of manufacturer-required input or assistance with equipment, including equipment warranty <br />or service issues. <br /> <br />5. Severability <br />Should any provision of this Agreement or part thereof be held under any circumstances in any <br />jurisdiction to be invalid or unenforceable, that provision will be stricken and such actions shall not <br />affect the validity or enforceability of any other provision or part of this Agreement. <br /> <br />6. Indemnifications, and Liability <br />RW agrees to indemnify and save hannless Gardensoft, its officers, agents and employees from and <br />against any and all claims and liabilities (including expenses) for injury or death to persons, or loss of <br />or damage to property, or fines and penalties which may result, in whole or in party by reason of the <br />buying, selling or use of any of the services purchased or provided under this Agreement except to <br />the extent that such damage is due solely and directly to the negligence of GardenSoft. <br /> <br />In no event, including negligence, shall either party's liability for breach or alleged breach of this <br />Agreement exceed the total price shown on this Agreement. <br /> <br />7. Tennination or Abandonment <br />RC has the right to tenninate or abandon the project by giving 1Q..catendar days written notice to <br />GardenSoft. Termination must be based upon substantial failure of GardenSoft to comply with the <br />tenns of this agreement. RC shall pay GardenSoft the reasonable value of services and products <br />provided to date upon tennination. <br /> <br />Agreement over $10K <br />City Attorney Approved Version 111803 <br /> <br />17 <br />