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N. Harris Computer Corporation 5/1/2023
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N. Harris Computer Corporation 5/1/2023
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Last modified
6/14/2023 4:00:13 PM
Creation date
6/14/2023 3:59:27 PM
Metadata
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Contracts
Contractor's Name
N. Harris Computer Corporation
Approval Date
5/1/2023
Council Approval Date
1/4/2023
End Date
5/1/2030
Department
Information Technology
Department Project Manager
Lucky Blue
Subject / Project Title
Cayenta Managed Services Agreement
Tracking Number
SS 2022-119 Cayenta Managed Services Agreement-
Total Compensation
$2,250,000.00
Contract Type
Agreement
Contract Subtype
Software/SaaS Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
Yes
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3 <br /> <br />(b) DISCLAIMER. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT <br />FOR THE LIMITED WARRANTY PROVIDED IN SECTION 4(a), THE SERVICES <br />ARE PROVIDED TO THE CUSTOMER <br />WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR <br />IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, <br />COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM <br />OR ANY OTHER PRODUCT, SERVICE, OR MATERIAL PROVIDED HEREUNDER <br />OR IN CONNECTION HEREWITH. <br /> <br />HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED <br />WARRANTIES OR CONDITIONS REGARDING THE SERVICES AND ANY <br />MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, <br />INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE <br />QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR <br />PURPOSE, TITLE, OR NON-INFRINGEMENT. <br /> <br />HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL <br />MEET ANY OR ALL OF THE CUSTOMER NO <br />AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET <br />FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS <br />IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS. <br /> <br />5. Termination <br />(a) Termination. This Agreement may be terminated as follows: <br /> <br />i. In addition to any other rights and remedies available to it, either Party may immediately <br />terminate this Agreement in the event of material breach by the other Party of its obligations <br />hereunder that is not cured within thirty (30) days of receipt of written notice from the other Party <br />to that effect; <br />ii. If Customer has failed to pay the Fees or other amounts due then Harris shall have the <br />right to terminate this Agreement effective immediately upon written notice to Customer that <br />effect; <br />iii. Upon sixty (60) days written notice prior to expiration of a Term; and <br />iv. Either Party may terminate this Agreement effective immediately upon written notice to <br />the other Party if the other Party: (i) becomes insolvent; (ii) becomes the subject of any <br />proceeding under any bankruptcy, insolvency, or liquidation law, whether domestic or foreign, <br />and whether voluntary or involuntary, which is not resolved favorably to the subject party within <br />ninety (90) days of commencement thereof; or (iii) becomes subject to property seizure under <br />court order, court injunction, or other court order which has a material adverse effect on its ability <br />to perform hereunder.
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