8.2 SR 10-19-2020 - Laserfiche WebLink

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AGREEMENT to perform be cured, or if cure cannot be effected in such thirty (30) Working Days, without commencement of a cure and diligent subsequent completion thereof. In the event the default is cured within said period, this Agreement shall remain in full force and effect. 17.0 Remedies Upon Default Default by CLIENT. Upon the occurrence of an Event of Default by CLIENT, CONTRACTOR may elect to enforce one or more of the following remedies: A. Terminate this Agreement by delivery of a notice declaring termination, whereupon CONTRACTOR may enter the premises on which the Work is being performed and remove CONTRACTOR’s Property; B. Seek damages in the amount of all payments, then or thereafter owing from CLIENT to CONTRACTOR pursuant to this Agreement, together with all costs and expenses reasonably incurred in exercise of its remedies (including reasonable attorneys’ fees and court costs) in seeking and enforcing any or all of the remedies provided in this section; C. Seek specific performance of the terms and conditions of this Agreement to the extent permitted by law, including without limitation injunctive relief where appropriate; and/or D. Suspend further provision of the Work. If delivery of the Work has been suspended as a result of CLIENT’s default and CLIENT and CONTRACTOR agree to arrange for the reinstatement of the delivery of the Work, CLIENT shall pay to CONTRACTOR a performance reinstatement fee in such amount or amounts, and payable on such date or dates as shall be reasonably acceptable to CONTRACTOR, as will reimburse CONTRACTOR for its actual costs (including overhead) to be incurred in reinstating delivery of the Work; provided, however, that nothing herein shall obligate CONTRACTOR to reinstate the delivery of Work. Default by CONTRACTOR: Upon the occurrence of an Event of Default by CONTRACTOR, CLIENT shall have the right to: A. Terminate the Agreement by delivering a notice declaring termination (permitting CONTRACTOR to enter the Premises on which the work if being performed, and remove all CONTRACTOR’s Property; and/or B. Seek specific performance of the terms and conditions of this Agreement to the extent permitted by law, including without limitation injunctive relief where appropriate; C. Seek damages in the amount of all payments, then or thereafter owing from CONTRACTOR to CLIENT pursuant to this Agreement, together with all costs and expenses reasonably incurred in exercise of its remedies (including reasonable attorneys’ fees and court costs) in seeking and enforcing any or all of the remedies provided in this section; 18.0 Termination For Uncured Breach: Either Party may terminate this Agreement thirty (30) days after written notice to the other Party of any material breach of this Agreement by such Party that has not been cured within such thirty (30) day period (an “Event of Default”). The notice must set forth the nature of the breach with reasonable specificity. Notwithstanding the foregoing, CONTRACTOR shall have the right to terminate this Agreement if CLIENT fails to pay any amounts due hereunder within five (5) working days after written notice. AGREEMENT Page 11 of 15