Snohomish County 911 9/30/2019 - Laserfiche WebLink

of Understanding(MOU),as between NORCOM and its member agencies,dated April 10,2015,or applicable law or regulation,those agreements,laws or regulations shall prevail over this MOU. I.GENERAL&MISCELLANEOUS TERMS. 1. COSTS.Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU.Even where a party has agreed(or later agrees)to assume a particular financial responsibility,the party's express written approval must be obtained before the incurring by another party of each associated expense.All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws,regulations,and policies applicable thereto.The parties acknowledge that there is no intimation,promise,or guarantee that funds will be available in future years.If any action at law or in equity is necessary to enforce or interpret the terms of this MOU,each Party shall be responsible for its own costs and attorney fees. 2. PROPERTY.The equipment purchased by NORCOM to support this effort will remain the property of NORCOM.Ownership of all property purchased by parties will remain the property of the purchasing party.Maintenance of equipment shall be the responsibility of the owner. 3. GOVERNING LAW;JURISDICTION; VENUE. This MOU and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed,construed and interpreted in accordance with the laws of Washington state,without giving effect to principles of conflicts of law. Any legal suit,action or proceeding arising out of or related to this MOU or the licenses granted hereunder shall be instituted exclusively in federal court or Washington state court,in each case located in the city of Seattle and King County. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit,action, or proceeding. 4. NO WAIVER. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. 5. INJUNCTIVE RELIEF. Agency acknowledges that in the event of a breach,monetary relief will be inadequate and injunctive relief will be appropriate. 6. NO RIGHTS IN NON-PARTIES. This MOU is an agreement among the parties and is not intended, and should not be construed,to create or confer on any other person or entity any right or benefit, substantive or procedural,enforceable at law or otherwise against NORCOM,a party,or any State, county, locality,or other sponsor under whose auspices a party is participating in RAADAR or the officers, directors,employees,agents,representatives,contractors, subcontractors,consultants,advisors, successors,assigns or other agencies thereof. 7. SEVERABILITY. If any portion of this MOU is held by a court of competent jurisdiction to be invalid or unenforceable,the remaining portions of this MOU will remain in full force and effect,and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible,the provision will be severed from this MOU and the rest of the MOU shall remain in full force and effect. 8. ASSIGNMENT. Except as otherwise set forth in this MOU,neither party may assign any of its rights or duties under this MOU without the prior written consent of the other party, such consent not to be unreasonably withheld. The MOU shall inure to the benefit of and be binding upon the parties to this MOU and their respective successors and permitted assigns. MOU FOR RAADAR SOFTWARE LICENSE AND DATA VIEWING