11-13-2000 Council Packet - Laserfiche WebLink

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' •-'A: the other party of said other party's desire or intent to so extend. Each extension term shall be upon the same terms and conditions as herein set forth. USER agrees that it hereby waives any and all rights it may at any time possess to contest, i.i any respect whatsoever, the validity of any such e.xtension notice and'or the effect thereof USER further agrees that it shall be conclusively presumed that (a) the signatory(ies) on any said extension notice of USER to have been duly authorized by USER to sign and send such notice on behalf of USER and (b) USER intended that such extension notice be valid and effective. 2.This Agreement may be cancelled by either party giving 60 days prior written notice thereof to the other party. H.USER agrees that during the term of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all ta.xes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to USER, and USER will promptly pay or reimburse the COUNTY for all ta.xes levied or assessed against and paid by the COUNTY on account of its furnishing services to USER hereunder. I.In the event the USER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the USER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest ma,ximum rate permitted by applicable law until paid by the USER to the COUNTY, shall be payable by the USER upon demand. J. ••• 1.There shall be deemed to be a breach of this Agreement: (a)If the USER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; (b)If the USER shall default in the performance of any of the other covenmts or provisions herein and such default shall continue uncured for fifteen (15) days after written notice to the USER. (c)If USER, without the COUNTY'S prior written consent, removes or permits any of the same to be used by anyone, or sells, pledges, assigns, hypothecates, transfers, subleases or otherwise disposes of or encumbers this Agreement or any part hereof or any County-owned communications equipment or any part thereof or attempts to do any of the aforesaid. In the event of USER’S breach of this Agreement, as herein defined: (a)The COUNTY may cancel this Agreement upon winen notice to USER. (b)Upon COUNTY'S demand, the County-owned communications equipment shall be delivered forthwith to COUNTY at USER'S expense to such place as COUNTY shall designate, and COUNTY and/or its agents may without any liability whatsoever enter into any premises under control or jurisdiction of USER or any agent of USER where said equipment may be or is believed to be by COUNTY and repossess all or any part of the County-owned conynunications equipment, disconnecting and separating all thereof from any other property and using all force necessary or permitted by applicable law so to do, USER hereby expressly waiving all further rights to possession of said equipment and all claims for injuries damages and/or loss whatsoever caused directly or indirectly by such repossession. (c)The»»SEP shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and'or also in canceling or terminating this Agreement. (d)All sums due and to become due hereunder, at the COUNTY’S option, shall become payable forthwith. -i V 9 iti ii Ainn itiii ■■a II I ^AI iirffc iKMamtnirm m mt ...rA.i ---------——^-,J ■vktfCidA.I II la MiiiiliIliaI