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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. Default. 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-I, <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 terms 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. Project 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 art initial acquisition cost of One <br /> Thousand Dollars ($1,000) or more, and a depreciable life of two (2) years or <br /> more. <br /> 8 <br />