Laserfiche WebLink
d. Termination Upon Default. <br />If there is a material default by either party in performing the terms and conditions of this <br />Agreement, and such specified default shall continue for a period of thirty (30) days after <br />receipt of written notice thereof, then this Agreement shall terminate as of the thirty-first day <br />following receipt of such written notice. This Agreement may be immediately terminated by <br />either party in the event that the other party hereto shall become insolvent or subject to <br />voluntary or involuntary bankruptcy proceedings, receivership, conservatorship or similar <br />proceedings under state or federal law. Notwithstanding, the City reserves the right to charge <br />the full rate, rather than the discounted rate described in Paragraph 2 above, if I/N Tek fails <br />to annually present relevant data related to this Agreement to Council. The full rate will be <br />applied to IN Tek's monthly bill for each month until I/N Tek satisfies the requirements <br />under Section 17 -29 of the City Code. <br />e. Governing Law. <br />This Agreement is made under, and shall be governed by and construed in all respects in <br />accordance with, the laws of the State of Indiana. Any claim or dispute arising out of or <br />related to this Agreement in any manner, or to the performance or alleged non - performance <br />hereof, shall be resolved exclusively via confidential, binding arbitration in St. Joseph <br />County, Indiana. <br />f. Headings for Convenience. <br />The Words of this Agreement appearing as headings are for identification purposes only and <br />are not a part of this Contract. <br />g. Non - Assignment. <br />This Agreement is personal to the parties. Neither party hereto shall have the right to assign <br />or transfer any of its rights, duties, obligations or interests arising out of or relating to this <br />Agreement to any third party at any time without the prior written permission of the other <br />parties to this Agreement. <br />h. Authority to Enter Agreement. <br />The undersigned parties each hereby represent and warrant that they have been duly <br />authorized to enter into this Agreement on behalf of the respective organization for which <br />they sign. <br />i. Entire Agreement /Waiver. <br />This Agreement constitutes the entire agreement and understanding between the parties <br />hereto with respect to the subject matter hereof and cancels, terminates and supersedes any <br />prior agreement or understanding (written or verbal) relating to the subject matter hereof. <br />None of the provisions of this Agreement can be waived or modified except expressly in a <br />writing signed by the party or parties to be charged. There are no representations, promises, <br />agreements, warranties, covenants or undertakings other than those contained herein. If any <br />term hereof shall be, or deemed to be, void or unenforceable by a court or tribunal of <br />competent jurisdiction, then the remaining terms hereof shall remain in full force and effect. <br />The waiver by either party hereto of a breach by the other party hereto of any provision <br />herein shall not in any way constitute a waiver of any succeeding breach of the same or any <br />other provision. <br />Page 4 of 6 <br />