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6. F (8) Agreement for services with Hathaway 2, Inc.
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6. F (8) Agreement for services with Hathaway 2, Inc.
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relating to this Agreement or the Requested Services shall be and remain the property of <br />Commission and be delivered to the Commission in a usable form within sixty (60) days <br />of the Termination Date of this Agreement. The Commission shall retain or be granted <br />by the Provider without restriction all title, ownership or intellectual property rights, <br />including copyright, patent, trademark and trade secret rights, in any data gathered or <br />generated by the Provider in performance of the Requested Services under this <br />Agreement. <br />SECTION 5. Term. <br />The Term of this Agreement shall commence on the Commencement Date, and <br />shall terminate on the earlier of the Expiration Date or Termination Date, as described at <br />SECTION 6, below. This Agreement shall be renewable on such terms and for such <br />period as the Parties shall agree in writing. Notwithstanding the foregoing, this <br />Agreement is subject to annual appropriations of the Commission in accordance with the <br />Act. <br />SECTION 6. Termination and Default. <br />A. Termination. This Agreement shall expire on the earlier of: (i) the <br />Expiration Date without notice to either party; (ii) within twenty (20) days of an <br />offending party's receipt of a Default Notice (as defined below) if such default or failure <br />continues and remains uncured as discussed in Section 6(B) below through no fault of the <br />party initiating the termination (the "Termination Date''). <br />Upon termination of this Agreement for any reason, copies all data, electronic <br />files, documents, procedures, reports, estimates, summaries other work papers, and any <br />other supporting documents, whether completed or in process, accumulated by the <br />Provider or prepared or provided by Commission or the Provider relating to this <br />Agreement or the Requested Services shall be and remain the property of Commission <br />and be delivered to the Commission upon request in a usable form within sixty (60) days <br />of the Termination Date of this Agreement. The Commission shall retain or be granted <br />by the Provider without restriction all title, ownership or intellectual property rights, <br />including copyright, patent, trademark and trade secret rights, in any data gathered or <br />generated by the Provider in performance of the Requested Services under this <br />Agreement. <br />B. De cult. Any failure by either party to perform any term or provision of <br />this Agreement, which failure continues uncured for a period of Twenty (20) Days <br />following written notice of such failure from the other party (the "Default Notice"), <br />unless such period is extended by written mutual consent, shall constitute a default under <br />this Agreement. Any Default Notice given pursuant to the preceding sentence shall <br />specify the nature of the alleged failure and, where appropriate, the manner in which said <br />failure satisfactorily may be cured. If the nature of the alleged failure is such that it <br />cannot reasonably be cured within such 20-Day period, then the commencement of the <br />7 <br />
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