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6B (1)
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01-24-12 Packet
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6B (1)
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11/1/2012 11:45:37 AM
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1/20/2012 12:23:05 PM
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or be granted by the Provider without restriction all title, ownership, or intellectual <br />property rights, including copyright, patent, trademark, and trade secret rights, in any data <br />gathered or generated by the Provider in performance of the Requested Services under <br />this 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 />cure within such time period, and the diligent prosecution to completion of the cure <br />thereafter, shall be deemed to be a cure within such 20 -Day period. Upon the occurrence <br />of a default under this Agreement, the non - defaulting party may institute legal <br />proceedings to enforce the tenns of this Agreement or, in the event of a material default, <br />terminate this Agreement. If the default is cured, then no default shall exist and the <br />noticing party shall take no further action. <br />C Misrepresentations. Notwithstanding any other provision of this <br />Agreement to the contrary, if a party intentionally, knowingly or recklessly makes a false <br />written representation materially related to the provision of the Requested Services or the <br />obligations of said party under this Agreement, the other party may terminate the <br />agreement immediately upon delivery of a Default Notice. <br />D. Protect Close -Out. In the event that the Provider expends funds or <br />perform services that are less than the Contract Amount or if the Project is canceled, <br />expired or terminated for any reasons, the Contract Amount not incurred or claimed by <br />the Provider shall be no longer available under this Agreement after all compensation <br />earned and reimbursable expenses incurred as of the date the Provider received written <br />notification of the cancellation or termination of the Project have been paid. <br />E. Reversion of Assets. At the conclusion, cancellation, assignment or <br />termination of this Agreement, the following assets shall revert to the Commission as <br />follows: <br />1. Any item of property placed in the City of South Bend right of way. <br />2. Items not in the City right of way with an initial acquisition cost of One <br />Thousand Dollars ($1,000) or more, and a depreciable life of two (2) years or <br />more. <br />N. <br />
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