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(d) The Library understands that HelpNow is designed as a student-initiated <br /> homework assistance service and may not be used as part of school or class wide <br /> mandated assignments. <br /> ARTICLE III-LIABILITY <br /> Brainfuse shall not be responsible or liable for any disruption,pause or cessation of the Brainfuse <br /> Program caused by actions or events beyond Brainfuse's immediate control,including,but not <br /> limited to,Internet disruptions,the Library's computers, hardware malfunctions,firewall <br /> restrictions,browser incompatibilities,other systems problems, or the failure of patrons to attend <br /> sessions. <br /> ARTICLE IV-COMPENSATION AND EXPENSES <br /> Section 4.1 Compensation <br /> The Library shall pay to Brainfuse a total fee of$16,500 for the Brainfuse Program.The fee shall <br /> be paid in two separate installments: <br /> Installment 1 - $5,500 for services from 12/20/2020—5/19/2021 <br /> Installment 2-$11,000 for services from 5/20/2021 --5/19/2022 <br /> Invoices shall be paid within 30 calendar days from receipt of invoice.Brainfuse reserves the <br /> right to withhold service pending processing and payment of invoices by the Library. <br /> Section 4.2 Expenses <br /> Except as provided otherwise herein,the parties to this Agreement shall be responsible for their <br /> own expenses, including taxes and general administrative expenses.Brainfuse shall not be <br /> responsible for providing the necessary hardware or software(including,but not limited to, <br /> computers,speakers,microphones,Internet access,as well as browsers and firewall <br /> modifications)for the proper operation of the Brainfuse Program. <br /> ARTICLE V-TERM OF THE AGREEMENT <br /> This Agreement shall remain valid through May 19,2022 and may be renewed on an annual basis <br /> by the parties upon the written consent of both Brainfuse and the Library. Such mutual consent to <br /> renew shall take place at least 15 days prior to the expiration of the Agreement("Renewal <br /> Period"). <br /> ARTICLE VI-NOTICES AND LEGAL ADDRESSES OF THE PARTIES <br /> Section 6.1 Legal Addresses All notices or other communications required or which may be <br /> given hereunder shall be addressed and forwarded as set forth herein. Any such notice if sent to <br /> Library shall be addressed as follows: <br /> Everett Public Library <br /> 2702 Hoyt Ave <br /> Everett,WA 98201 <br /> Any such notice if sent to Brainfuse shall be addressed as follows: <br /> 2 <br />