Resolution 4567 - Laserfiche WebLink

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• • (e) The COLTNTY may also enforce specific performance of the applicable covenants of this A�reement by appropriate le?al proceedin�s,as well as any other remedy herein provided. Should any le�al proceedin�s be instituted by the COLTNTY 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 ri�ht 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 ri;ht or remedy, and � shall be deemed to be continuing,none of which shall be exhausted by bein�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,claims, dama�es,jud;ments,costs(including reasonable attorneys'fees),demands or actions azisin�,directly or indirectly, out of any act or omission on the part of the USER,its employees,officers,a�ents,contractors or representatives relatin�to the obtainin;,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 ovv�ership,use or operation of USER's equipment � andlor software and items relatin�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 � obli�ations under this Agreement. � 2. USER represents and wanants that all equipment,soflware and all other items of any kind relatin� 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 a�reement,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 reco�ize that 2000 (unlil:e 1900)is a'Eeap 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. �t. Any notice or demand,which may or must be given or made by a party hereto,under the terms of this � � A�reement or any statute or ordinance,shall be in writing and shall be sent registered or certified mail to the other party addressed as follo�vs: TO USER: City of Orono City Mana�er _ PO Box 66 Crystal Bay,MN 5�323-0066 TO COUNTY: Hennepin County Administrator A-2300 Govemment Center Minneapolis,MN 55487 Copy to: Division Manager � � . General Services-IS Operations � A-015 Government�Center Minneapolis,MN 5�487 Either party may designate a different addressee or address at any time by�iving written notice thereof as above provided. Any notice,if mailed,properly addressed,posta�e prepaid,re�istered or certified mail,shall be deemed dispatched on the re�istered date or that stamped on the certified mail receipt and shall be deemed received�vithin the second business day thereafrer or when it is actually received,whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. • 5