Laserfiche WebLink
In the event of a dispute arising out of or related to this Agreement,the parties agree to attempt to resolve the dispute by good <br /> faith negotiations occurring personally between officers of each party before taking legal action;provided that in emergency <br /> situations where irreparable damage will occur without immediate action,a party may be excused from this requirement. The <br /> prevailing party in any such legal action shall be entitled to recover its reasonable attorneys fees and court costs incurred in the <br /> legal action. Licensee agrees to be responsible for claims brought by third parties arising out of or related to Licensee's use of <br /> the Site,Database,and related services. <br /> 7.GENERAL <br /> a.Neither party will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly <br /> from any cause or circumstance beyond its reasonable control,including but not limited to acts of God,war,riot,embargoes, <br /> acts of civil or military authority,rain,fire,flood,accidents,earthquake(s),strikes or labor shortages,transportation facilities <br /> shortages or failures of equipment,or failures of the Internet.This provision does not apply to the payment of applicable fees. <br /> b.This Agreement and the license granted herein may not be assigned by the Licensee to any third party without written <br /> consent of Licensor,except in connection with a transaction involving the sale or other conveyance of the Licensee or of all or <br /> substantially all of Licensee's assets. <br /> c.If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid <br /> or unenforceable,the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement <br /> is in effect. <br /> d.If Licensee uses purchase orders in conjunction with this Agreement,then the Licensee agrees that the following statement is <br /> hereby automatically made part of such purchase orders: "The terms and conditions set forth in the Access Subscription <br /> Agreement are made part of this purchase order and are in lieu of all terms and conditions,express or implied,in this purchase <br /> order,including any renewals hereof." <br /> e.This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof <br /> and supersedes any and all prior agreements and understandings,written and/or oral. There are no representations, <br /> warranties,promises,covenants,or undertakings,except as described here. <br /> WORLD ARCHIVES HOLDINGS,LLC CITY OF EVERETT/EVERETT PUBLIC LIBRARY <br /> Signature: Signature: <br /> Micaela Coleman <br /> Name: Name: <br /> Title: Senior Account Executive Title: / l OYL <br /> 4/19/2022 7 /Z//� <br /> Date: Date: -( ` l <br /> - APVS TO FORM <br /> mom <br /> ` OFFICEPRO OFED THEA CITY ATTORNEY <br /> EVERETT <br /> Ci erk <br />