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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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6 <br /> <br />8. Insurance <br /> (a) Harris shall obtain and maintain during the Term, at its sole expense, the following <br />insurance coverage: <br />Workers' Compensation Insurance, with all limits as required in the jurisdiction in which <br /> Compensation Insurance. <br />Commercial General Liability of not less than $1,000.000 per occurrence and $2,000,000 general <br />aggregate limit. <br />For automobile liability the limits shall not be less than $1,000,000 per third party liability. <br />Technology Errors and Omissions insurance shall not be less than $1,000,000 per occurrence and <br />$2,000,000 in the aggregate. <br />9. General <br />(a) Mediation. The parties agree to submit any claim, controversy, or dispute arising out of or <br />relating to this Agreement or the relationship created by this Agreement to non-binding mediation before <br />bringing a claim, controversy, or dispute in a court or before any other tribunal. The mediation is to be <br />conducted by either an individual mediator or a mediator appointed by mediation services mutually <br />agreeable to the Parties. Such mediator shall be knowledgeable in software system agreements. The <br />mediation shall take place at a time and location which is also mutually agreeable; provided; however, <br />in no event shall the mediation occur later than ninety (90) days after either Party notifies the other of its <br />desire to have a dispute be placed before a mediator. The costs and expenses of mediation, including <br />compensation and expenses of the mediator (and except for the fees incurred by either Party), <br />is to be shared by the Parties equally. If the Parties are unable to resolve the claim, controversy, or dispute <br />within ninety (90) days after the date either Party provides the other notice of mediation, then either Party <br />may bring and initiate a legal proceeding to resolve the claim, controversy, or dispute unless the time <br />period is extended by a written agreement of the Parties. Nothing in this Section shall inhibit a P <br />right to seek injunctive relief at any time. <br />(b) Notice <br />Any notice required or permitted to be given to any Party to this Agreement shall be given <br />in writing and shall be delivered personally, mailed by prepaid registered post or sent by facsimile <br />to the appropriate address or facsimile number set out below. Any such notice shall be <br />conclusively deemed to have been given and received on the day on which it is delivered or <br />transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 <br />p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day <br />other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third <br />business day following the date of mailing, and addressed, in the case of Harris, to: <br />N. HARRIS COMPUTER CORPORATION <br />1 Antares Drive, Suite 400 <br />Ottawa, Ontario K2E 8C4 <br />Attention: EVP
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