5.5. SR 03-05-2007 - Laserfiche WebLink

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involuntary petition under bankruptcy law, LETG may consider Customer to be in default. If LETG asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (i) dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable 10 LETG. ]f Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt ofLETG's approval of the plan, 7.3 If a defaulting party fails to cure the default as provided above Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above, 7 A Upon the expiration or early termination of this Agreement, Customer and Seller shall immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the 7,5 other, including all copies thereof, which the other Party previously provided to it in furtherance of this Agreement. Confidential Information shall include: (a) proprietary materials and information regarding technical plans; (b) any and an other information of whatever type and in whatever medium including data, developments, trade secrets and improvements, that is disclosed by Seller to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like records and data provided by Customer to Seller in connection with this Agreement that is required by law to be held confidentiaL Section 8 GENERAL TERMS AND CONDITIONS 8,1 Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and shall be effective upon receipt. Customer: Elk River Police Denal1ment Ann: Address: 13065 Orono Parkwav Elk River, Minnesota 55330 Seller: Law Enforcement Technology Group~ Inc. Ann: Contracts and Compliance Manager 6 J 20 Berkshire Lane North Plymouth, Minnesota 55446 8.2 Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. 8.3 Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power sha1l nOI be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 8.4 Customer may not assign any of its rights under this Agreement without LETG's prior consent. 8.5 This Agreement includes exhibits, constitutes the entire Agreement of the parties regarding the covered maintenance and support services and supersedes an prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. Customer agrees to reference this Agreement on aU purchase orders issues Law Enforcement Technology Group, ue (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-7991