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Cayenta 10/2/19
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Cayenta 10/2/19
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Last modified
10/15/2019 11:08:39 AM
Creation date
10/15/2019 11:08:25 AM
Metadata
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Template:
Contracts
Contractor's Name
Cayenta
Approval Date
10/2/2019
Department
Information Technology
Department Project Manager
Dorothy Claymore
Subject / Project Title
Establish 2nd Test Environment
Total Compensation
$3,689.28
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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equivalent and provided that the receiving party shall comply with any such protective <br /> order or equivalent; <br /> iv. not to disclose or release such Confidential Information to any third person without the <br /> prior written consent of the disclosing party,except for authorized employees or agents of <br /> the receiving party who have a need to know such information for the purpose of <br /> performance under this Agreement and exercising its rights under this Agreement,and <br /> who are bound by confidentiality obligations at least as protective of the disclosing <br /> party's Confidential Information as this Agreement; and <br /> v. This Section 7 is subject to the Addendum regarding Washington transparency laws <br /> executed contemporaneously with this Agreement. <br /> 8. Insurance <br /> (a) Harris shall obtain and maintain during the Term, at its sole expense,the following insurance <br /> coverage: <br /> Workers'Compensation Insurance,with all limits as required in the jurisdiction in which <br /> Harris's personnel are required to be covered by Workers'Compensation Insurance. <br /> Commercial general liability of not less than$ 1,000.000 per occurrence and$2,000,000 <br /> general aggregate limit, <br /> For automobile liability the limits shall not be less than$1,000,000 each <br /> accident/occurrence,$2,000,000 in the aggregate. <br /> Professional liability insurance shall not be less than$1,000,000 per occurrence, <br /> 9. General <br /> (a) Mediation.The parties agree to submit any claim, controversy or dispute arising out of or <br /> relating to this Agreement or the relationship created by this Agreement to non-binding mediation before <br /> bringing a claim,controversy or dispute in a court or before any other tribunal. The mediation is to be <br /> conducted by either an individual mediator or a mediator appointed by mediation services mutually <br /> agreeable to the parties. Such mediator shall be knowledgeable in software system agreements.The <br /> mediation shall take place at a time and location,which is also mutually agreeable;provided;however,in <br /> no event shall the mediation occur later than ninety(90)days after either party notifies the other of its <br /> desire to have a dispute be placed before a mediator.The costs and expenses of mediation, including <br /> compensation and expenses of the mediator(and except for the attorney's fees incurred by either party), is <br /> to be shared by the parties equally. If the parties are unable to resolve the claim,controversy or dispute <br /> within ninety(90)days after the date either party provides the other notice of mediation,then either party <br /> may bring and initiate a legal proceeding to resolve the claim,controversy or dispute unless the time <br /> period is extended by a written agreement of the parties.Nothing in this Section shall inhibit a party's <br /> right to seek injunctive relief at any time. <br /> (b) Notice.Any notice required or permitted to be given to any party to this Agreement shall be <br /> given in writing and shall be delivered personally, mailed by prepaid registered post or sent by facsimile <br /> to the appropriate address or facsimile number set out below. Any such notice shall be conclusively <br /> deemed to have been given and received on the day on which it is delivered or transmitted(or on the next <br /> succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of <br /> delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if <br /> personally delivered or sent by facsimile or,if mailed,on the third business day following the date of <br /> mailing, and addressed,in the case of Harris,to: <br /> PSA between Cayenta and City of Everett 5 08/08/2018 <br />
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