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l 4! <br /> AlertSense AlertSense, Inc. <br /> Master Service Agreement (MSA) <br /> 6.3. Effect of Termination. <br /> a. Expiration or termination of this Agreement shall not relieve the Parties of any rights or <br /> obligations accruing prior to such expiration or termination. <br /> b. Upon expiration or termination of this Agreement for any reason, each Party shall <br /> immediately: (i) pay the other Party all amounts due and payable prior to the date of such <br /> termination, (ii) return to the other Party or destroy all confidential Information (as <br /> defined in Section 10.10 below) of the other Party in its possession or control, including <br /> all copies thereof, and (iii) cease all use of the trademarks of the other Party, iv) all <br /> technology supplied by AlertSense will stay on the AlertSense servers. <br /> c. Upon termination of this Agreement for any reason, those Sections that should reasonably and <br /> customarily survive such termination shall survive. <br /> 7. WARRANTIES AND REPRESENTATIONS. <br /> 7.1. AlertSense Warranties/Limitation of Liability <br /> a. AlertSense Solution:AlertSense covenants and warrants that the AlertSense Solution to which its <br /> Clients subscribe will perform substantially in the manner specified in any materials provided by <br /> AlertSense, including any documentation to any services (collectively, "Documentation"). <br /> AlertSense warrants that its Services under this Agreement shall be performed in a professional <br /> manner and shall be of a high grade,nature and quality. <br /> b. Requisite Skill:AlertSense represents and warrants that it has the necessary and requisite skill to <br /> perform the work required under this Agreement and that the personnel assigned by AlertSense <br /> to perform any such work will be qualified to perform the assigned duties. <br /> c. AlertSense represents and warrants that in its performance of this Agreement or of any Client <br /> Agreement,neither AlertSense or the AlertSense Solution will(by act or decision of AlertSense)(i) <br /> violate any Federal Communications Commission rule or regulation, (ii)violate any law, statute, <br /> ordinance or regulation,(iii)infringe on any third party's copyright or trademark or misappropriate <br /> any trade secret or other intellectual property rights of any third party. <br /> d. Disclaimer. EXCEPT AS SET FORTH IN THIS SECTION,THE ALERTSENSE SOLUTION AND SERVICES <br /> ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR <br /> WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,EXCEPT <br /> AS SPECIFIED HEREIN,EACH PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES <br /> OF ANY KIND,WHETHER EXPRESS,IMPLIED, BY OPERATION OF LAW,OR OTHERWISE,INCLUDING, <br /> WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR <br /> A PARTICULAR PURPOSE. EXCEPT AS SET FORTH IN THIS SECTION, ALERTSENSE DOES NOT <br /> WARRANTTHATTHE SERVICES WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. EACH PARTY <br /> ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS <br /> WARRANTIES IN THIS AGREEMENT. THE PARTIES AGREE AND ACKNOWLEDGE THAT ALERTSENSE <br /> SHALL IN NO EVENT BE HELD RESPONSIBLE FOR ANY PROBLEMS WITH THE ALERTSENSE SOLUTION <br /> TO THE EXTENT ATTRIBUTABLE TO THE PUBLIC INTERNET OR PSTN INFRASTRUCTURE OR A <br /> CLIENT'S ABILITY TO CONNECT TO THE INTERNET OR PSTN. <br /> e. LIMITATION OF LIABILITY. SUBJECT TO THE REQUIREMENTS OF SECTION 8, EXCEPT IN THE CASE <br /> OF A VIOLATION OF SECTION 7.1 OF THIS AGREEMENT OR FOR EITHER PARTY'S WILLFUL <br /> MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, <br /> INCIDENTAL, INDIRECT,SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT <br /> LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT, ARISING OUT OF OR IN <br /> CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF <br /> 5 <br /> 100 <br />