2.8. ERMUSR 03-15-2016 - Laserfiche WebLink

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26.20.Notice: Communicating information to the intended recipient at the Notice Address(s),in writing,which is then effective(26.20.1.)on the date sent by fax or email(with confirmation of transmission)if sent during normal business hours of the recipient,and on the next business day if sent after normal business hours of the recipient,(26.20.2.)on the third clay after the date mailed,by certified or registered mail,return receipt requested,postage prepaid,or(26.20.3.)when received by the recipient if sent by a nationally recognized overnight courier(receipt requested). 26.21.Party-Related Definitions:(26.21.1.)Affiliate:Any corporation,LLC,or any other entity which is Controlled by a Party,Controls a Party,or is under common Control with a Party.(26.21.2.)Discloser:A Party disclosing Confidential Information.(26.21.3.)Party or Parties:Any one or more of the parties to this Agreement.(26.21.4.) Recipient:A Party receiving Confidential Information.or other information as the context indicates.(26.21.5.) Representative:A Party or any of its Affiliate's:directors,officers,employees,agents,and professional advisors including without limitation attorneys and accountants. 26.22.Personally Identifiable Information:Information,the combination of which would allow the ability to uniquely identify,contact,or locate a single individual.Such information may include an individual's full name,birthdate, birthplace,Social Security Number or other national identification number,driver's license number,or credit card number. 26.23.Ordering Documents:The documents setting forth the Software,Services and Equipment to be provided by NISC to Associate Member,including the Purchase Orders,Statements of Work and Letters of Authorization. 26.24.NISC Software:The type of NISC software product(s)described in the applicable Ordering Documents or otherwise being used or accessed by Member,together with any applicable Documentation,Maintenance Releases and Custom Programming, 26.25.Third Party Vendor Software:The Third Party Vendor software product(s)described in the applicable Ordering Documents or embedded in NISC Software,including patches and minor upgrades for which additional fees are not due,but excluding upgrades for which additional fees may be due. 26.26.Software:NISC Software and Third Party Vendor Software. 26.27.Support Services:Advice,instruction,and/or the performance of tasks by NISC for the benefit of Associate Member in order to allow Associate Member to operate NISC Software. 26.28.Early Termination Charges:The lesser of(i)Twelve(12)months;or(ii)the number of unbilled months remaining under the then current term of this Agreement multiplied by the lesser of:Monthly Fees payable under this Agreement for the one month in which such Monthly Fees were the greatest during the term of this Agreement;or the then most recent six months'average of the monthly invoice amount due for Monthly Fees prior to termination. 27.E-Execution&Storage:This instrument may be executed in two or more counterparts,each of which shall be deemed an original,but ail of which together shall constitute one and the same instrument.This instrument may be executed and/or stored in electronic format only;an electronic,scanned,or facsimile signature shall be valid for all purposes;and the destruction in the ordinary course of business of any document containing a"wet"signature shall not invalidate this instrument. IN WITNESS WHEREOF,the Parties have set their hands. National Information Solutions Cooperative,Inc. Elk River Municipal Utilities /J ag�Irsfyneae,n..nemnnea cD. LN:en.IMVb Denn".N.tinn.1 fife niatian Solulbnl Coop rice Inc oY.NQ P.esIdeel fd.debnp aMMndhomrllihcooaP o=US Gate:]OId0i.1]16:71:,,-06tl0' Signature: By David Bennett,Vice President-Marketing qq //�� Name: �(`�ry t r A-dLG ut. 5 Page 10 ©2014-2015 NISC.All Rights Reserved CONFIDENTIAL 25203 SSA-MSC-Elk River Municipal Utilities-v2-nisc(2).dacx 157