11-13-2000 Council Packet - Laserfiche WebLink

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(e)The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceed'mgs, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and'or to recover other damages sustained by the COUNTY on account of such breach, the USER shall pay a reasonable sum as attorney's fees. K.No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. L.1. The USER shall defend, indemnify and save the COUNTY harmless from any liability, ch'ms, damages, judgments, costs (including reasonable attorneys’ fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the USER, its employees, officers, agents, contractors or representatives relating to the obtaining, disclosure, use, and or possession of information provided hereunder; USER'S access to the computer system, including without limitation, the obtainment, installation/de-installation and/or existence of telephone lines and any and all activities related thereto; the ownership, use or operation of USER'S equipment ancL'or software and items relating to such software and/or equipment; and any and all non-Y2K compliance; and/or from all loss or liability by reason of failure of the USER, in any respect, to perform fully and/or observe all obligations under this Agreement. 2.USER represents and warrants that all equipment, software and all other items of any kind relating to such equipment and/or software which are or may be utilized to access the County’s information system are Y2K compliant. For purposes of this agreement, the term “Y2K compliant" shall mean that all components of the aforesaid items can successfully process dates before and after January 1,2000 at any time before and/or after January 1,2000. The components must smoothly make the transition from 1999 and 2000 and recognize that 2000 ^unlike 1900) is a leap year. The warranty' shall be in effect until December 31,2000. In the event of any Y2K problems, USER warrants that it will promptly make all necessary adjustments to ensure that all components in the aforesaid items are Y2K compliant. M.Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO USER:City ofOrono City Manager PO Box 66 Crystal Bay, MN 55323-0066 TO COUNTY:Hennepin County Administrator A-2300 Govenunent Center Minneapolis, MN 55487 Copy to:Division Manager General Services - IS Operations A-015 Government Center Minneapolis, NfN 55487 Either party' may designate a different addressee or address at any time by giving writttn notice therec^as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shail be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received w ithin the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 4