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Addendum 1
<br />is agreement ("Agreement") is explicitly agreed to by the
<br />stomer listed on the Statement of Work. All terms used in this
<br />reement that are not otherwise defined shall have the definition
<br />;ribed to it in the Statement of Work.
<br />Scope of Services. The Services provided to Customer under
<br />s Agreement are set forth in the CivicPlus Statement of Work
<br />Ined by the parties (the "SOW"). Customer may purchase
<br />ditional services for additional cost at any time upon mutual
<br />itten consent of the Parties, including but not limited to updating
<br />frequency of Supplement updates, additional labor required
<br />cause of delays, errors or omissions on the part of Customer.
<br />Limitations of Services. Annual Recurring Supplement Service
<br />es NOT include:
<br />Additional copies, reprints, binders, and tab orders;
<br />Documents drafted in InDesign or that contain form -based code
<br />)quirements, are subject to additional editorial fees;
<br />Documents that contain: multiple tables, graphics, unique
<br />)rmatting requirements, or any other form -based code
<br />)quirements;
<br />Legal work, creation of fee schedules, gender -neutral review/
<br />nplementation, external linking;
<br />Codifying the full replacement or substantial revision of
<br />Dmplex subject matter; including, but not limited to, Zoning (or its
<br />quivalent) This work is subject to a one-time editorial conversion
<br />.e, as well as an increase in the annual supplement rate and
<br />nline hosting fee(s). A quote will be provided upon receipt of the
<br />iaterial.
<br />:odifying a newly adopted Chapter, Title, or Appendix,
<br />ither in its entirety or containing substantial new
<br />ontent, may be subject to a one-time additional
<br />ditorial fee and an increase in the annual supplement
<br />ate and online hosting fee(s). The material will be
<br />Ewiewed upon receipt.
<br />Codifying a newly adopted term change legislation. This may
<br />e subject to a one-time additional editorial fee. Material to be
<br />viewed upon receipt;
<br />Codifying a newly adopted full, or near full Chapter/Title/
<br />ppendix. This may be subject to a one-time additional editorial fee
<br />nd an increase in the annual supplement rate and online hosting
<br />.e(s). Material to be reviewed upon receipt;
<br />The addition of Manuals, Policies, Procedures, Comprehensive
<br />lans, Land Use, Unified Codes, Zoning (or equivalent). Quotation
<br />pon request; and
<br />Online Code hosting and online features, this is listed
<br />aparately.
<br />or services outside the scope of the Annual Recurring
<br />upplement Services, a per page rate of $23 will be applied.
<br />Each document for processing should be its own individual
<br />e, named by its ordinance number. Customer should send in all
<br />:)cuments to CivicPlus as MS WORD versions or a convertible
<br />DF version.
<br />i. Term and Termination. This Agreement shall remain in full force
<br />ind effect for an initial period of one year commencing on the
<br />Effective Date ("Initial Term"), at the end of the Initial Term, this
<br />\greement shall automatically renew for additional one-year terms
<br />each a "Renewal Term"). If either Party does not intend to renew
<br />his Agreement, they shall provide sixty days prior notice to the end
<br />)f the then -current term. Either party may terminate this Agreement
<br />Dr cause in the event the other party materially breaches any term
<br />)f this Agreement and does not substantially cure such breach
<br />vithin thirty days after receiving notice of such breach. A delinquent
<br />;ustomer account remaining past due for longer than 90 days
<br />a material breach by Customer and is grounds for CivicPlus
<br />. Compensation. Unless otherwise stated in an SOW signed by
<br />ie Customer, the Customer shall pay CivicPlus for the Services
<br />nnually at the start of each Renewal Term, within 30 days of the
<br />ate an invoice is sent.
<br />Integration. This Agreement sets forth the entire agreement
<br />tween and among the parties with respect to the Services. This
<br />reement supersedes all prior written or oral agreements betwe(
<br />parties or their predecessors -in -interest with respect to all or
<br />y part of the subject matter hereof.
<br />Limitation of Liability. CivicPlus' liability arising out of or related
<br />this Agreement, or any associated SOW, will not exceed five
<br />nes the amounts paid by Customer for the Services in the year
<br />-ior to such claim of liability. In no event will CivicPlus be liable
<br />Customer for any consequential, indirect, special, incidental,
<br />punitive damages arising out of or related to this Agreement.
<br />applicable law limits the application of the provisions of this
<br />mitation of Liability section, CivicPlus' liability will be limited to the
<br />aximum extent permissible.
<br />Ownership. Customer shall own all right, title, and interest in and
<br />the code created under this Agreement. Customer is responsible
<br />providing all necessary and correct documentation, materials
<br />d communication in a timely manner in order to enable CivicPlus
<br />perform the Services and acknowledges CivicPlus cannot begin
<br />rformance of the Services until all necessary documentation,
<br />iterials and communication is received.
<br />. Customer acknowledges that any legal analysis provided by
<br />1vicPlus is provided to Customer for their use and direction.
<br />lowever, Customer agrees the Services provided for herein do
<br />of review legal codes for legal sufficiency, draw legal conclusions,
<br />rovide legal advice, opinions or recommendations about
<br />:ustomer's legal rights, remedies, defenses, options, selection of
<br />>rms, or strategies, or apply the law to the facts of any particular
<br />ituation or establish an attorney -Customer relationship. CivicPlus
<br />; not a law firm and may not perform services performed by an
<br />ttorney, and the Services contemplated herein do not constitute a
<br />ubstitute for the advice or services of an attorney.
<br />0. In the event either party is unable to perform its obligations
<br />nder the terms of this Agreement because of acts of God, strikes,
<br />amage or other causes reasonably beyond its control, such
<br />arty shall not be liable for damages to the other for any damages
<br />)sulting from such failure to perform or otherwise from such
<br />auses.
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