Reso 2001-313 - Laserfiche WebLink

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included and excluded. There are no warranties which extend beyond the description of the fare hereof. 18. Installation. City agrees to pay all installations. City agrees to pay all costs associated with providing a suitable place of installation and the necessary electrical power, outlets and air conditioning repaired for operation the Equipment as defined in the Equipment Manufacturer's Instruction Manual. 19. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 20. Attorney's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. 21. Miscellaneous. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 22. Conflictin2 Provisions: The terms and conditions in this agreement supercede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement III duplicate on the day and year first written above. WITNESSES: ~.{ // ,,~-~'!..)~/ , COPYCO: . # ~I:::". --,t;; \, - .' ,."-- I;,.. ,.' . .. ',x... J .,' "'~ .........,.1..-".......;;.. I .... /' I' ,/ ',~ BY: -~~, -----.- ~_ .~ l3 . ~w v ,Contracting Party - , Page 4 of5 Copy Machine Lease & Maintenance Agreement - Copyco