5.5. SR 03-05-2007 - Laserfiche WebLink

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Agreement, Customer will make payments when due in the form of a check, cashiers check, or wire transfer drawn on a United States financial institution. 5.2 Overdue invoices will bear simple interest at the rate often percent (lO%) per annum, unless such rate exceeds the maximum al10wed bv the law, in which case it will be reduces to the maximum allowable rate. 5.3 If CUslOmer requests, Seller may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These terms and conditions and the prices in effect at the time such services are rendered will apply to those services. 5.4 Price(s) are exclusive of any taxes, duties, export or custom fees, including Value Added Tax or any other similar assessments imposed by Seller. If such charges are imposed on Seller, Customer shall reimburse Seller upon receipt of proper documentation of such assessments. Section 6 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Seller's (including any of its affiliated companies) total liability arising from this Agreement will be limited to the direct damages recoverable under law, but not to exceed the price of the maintenance and support services being provided for one (1) year under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT SELLER (INCLUDING ANY OF ITS AFFILIA TED COMPANIES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVIENANCE; LOSS OF USE, TIME, DA TA, GOOD WILL, REVENUES, PROFITS OR SA VINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSIQUENTIAL DAMAGES IN ANY WAY RELA TED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termina1ion of this Agreement no action for breach of this Agreement or othen~!jse relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due on an open account. Section 7 DEFAULT / TERMINATION 7.] Jf LETG breaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance), Customer may consider LETG to be in default. If Customer asserts a default, it will give LETG written and detailed notice of the default. LETG will have thirty (30) days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to the Customer. ]f LETG provides a cure plan, it will begin implementing the cure plan immediately after receipt of Customer's approval of the plan. 7.2 If Customer breaches the material obligation under this Agreement (unless LETG or Force Majeure causes such failure of performances); if Customer breaches the material cbligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agreement, indicate that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed wilhin ninety (90) days any Law Enforcement Technology Group, LLC (LETG) /95/ Woodlane Drive Woodbury, MN 55125 Phone 763-208-799]