6.C.(5) Agreement for Services with Hathaway 2

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Provider for services rendered shall be paid within fifteen (15) days of receipt of any invoice. SECTION 5. Term. The Term of this Agreement shall commence on the Commencement Date, and shall terminate on the earlier of the Expiration Date or Termination Date, as described at SECTION 6, below. This Agreement shall be renewable on such teams and for such period as the Parties shall agree in writing. Notwithstanding the foregoing, this Agreement is subject to annual appropriations of the Commission in accordance with Indiana Code § 5-22-17-3. SECTION 6. Termination and Default. A. Termination. This Agreement shall expire on the earlier of: (i) the Expiration Date without notice to either party; (ii) within twenty (20) days of an offending party's receipt of a Default Notice (as defined below) if such default or failure continues and remains uncured as discussed in Section 6(B) below through no fault of the party initiating the termination (the "Termination Date"). Upon termination of this Agreement for any reason, copies all data, electronic files, documents, procedures, reports, estimates, summaries other work papers, and any other supporting documents, whether completed or in process, accumulated by the Provider or prepared or provided by Commission or the Provider relating to this Agreement or the Requested Services shall be and remain the property of Commission and be delivered to the Commission upon request in a usable foam within sixty (60) days of the Termination Date of this Agreement. The Commission shall retain or be granted by the Provider without restriction all title, ownership, or intellectual property rights, including copyright, patent, trademark, and trade secret rights, in any data gathered or generated by the Provider in performance of the Requested Services under this Agreement. B. De utrlt. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of Twenty (20) Days following written notice of such failure from the other party (the "Default Notice"), unless such period is extended by written mutual consent, shall constitute a default under this Agreement. Any Default Notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 20-Day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 20-Day period. Upon the occurrence of a default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the terns of this Agreement or. in the event of a material default, 6