Laserfiche WebLink
acknowledges that it is not relying on OMIGA SOLUTIONS for any advice or counseling on such <br />export control requirements. The Parties agree to indemnify, to the fullest extent permitted by law, <br />each other from and against any fines, penalties and reasonable attorney fees that may arise as a <br />result of a Party’s breach of this Section. <br />12.Public Records. CUSTOMER is subject to the Washington Public Records Act, RCW Chapter <br />42.56. If records that include “Confidential Information,” as defined here, are responsive to a <br />request for public records received by CUSTOMER, CUSTOMER will notify OMIGA SOLUTIONS of <br />the request for public records and give OMIGA SOLUTIONS 10 calendar days to obtain and <br />serve on CUSTOMER a court order preventing release of such records. If no such court order is <br />served on CUSTOMER, CUSTOMER may release such records notwithstanding any obligation of <br />CUSTOMER to keep such records confidential. <br />13.Limitation of Liability. NO MONETARY RECOVERY IS AVAILABLE FROM OMIGA <br />SOLUTIONS FOR WARRANTY CLAIMS. <br />14.Cancellation of Order. CUSTOMER may cancel for good cause or for reasons out of the <br />CUSTOMER’s control, such as budgetary constraints. Except as otherwise provided herein, <br />CUSTOMER may, with forty-five (45) days written notice, beginning the second day after mailing <br />the notice, terminate this Agreement in whole or in part. If CUSTOMER cancels this Agreement, <br />CUSTOMER must provide reimbursement to OMIGA SOLUTIONS for all work and services <br />already completed. <br />15.Additional Contractual Rights for Default. If CUSTOMER defaults in performance of any <br />obligation under this Agreement, including the payment of any amount due, OMIGA <br />SOLUTIONS may, at its option, suspend performance, require prepayment, or terminate its <br />performance and collect payment for all Services provided up to the date of termination. If <br />OMIGA SOLUTIONS defaults in performance of any obligation under this Agreement <br />CUSTOMER may, at its option, suspend performance of the Agreement or terminate the <br />Agreement. <br />16.Attorney Fees. The prevailing party in any action to enforce the terms of this Agreement shall <br />be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the <br />case and such fee, shall be included in the judgment. <br />17.Publication. OMIGA SOLUTIONS agrees to make no reference to the CUSTOMER in any <br />literature, promotional material, brochures, sales presentation or the like without the express <br />written consent of the CUSTOMER. <br />18.Indemnification. CUSTOMER agrees to defend, at its expense, and to indemnify OMIGA <br />SOLUTIONS against any award of damages and costs based on the claim that any materials or <br />documentation provided by CUSTOMER to OMIGA SOLUTIONS during this engagement <br />infringes a U.S. patent, copyright or other intellectual property right of any third party. <br />To the greatest extent allowed by law OMIGA SOLUTIONS shall defend, indemnify and hold the <br />CUSTOMER, its officers, officials, employees and volunteers harmless from any and all claims, <br />injuries, damages, losses or suits including attorney fees, arising out of or resulting from its <br />negligence or breach of any of its obligations in performance of this Agreement. <br />In the event of liability for damages arising out of bodily injury to persons or damages to <br />property caused by or resulting from the concurrent negligence of the OMIGA SOLUTIONS and <br />the CUSTOMER, its officers, officials, employees, and volunteers, the OMIGA SOLUTIONS’ <br />liability hereunder shall be only to the extent of the OMIGA SOLUTIONS' negligence and <br />CUSTOMER’s liability hereunder shall be only to the extent of CUSTOMER’S negligence. It is <br />further specifically and expressly understood that the indemnification provided herein <br />constitutes the OMIGA SOLUTIONS' waiver of immunity under Industrial Insurance, Title 51 <br />RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated <br />by the parties. The provisions of this section shall survive the expiration or termination of this <br />Agreement. <br />19.Governing Law. These Terms and Conditions will be construed in accordance with the laws of <br />the State of Washington. All legal claims must be filed in King County Superior Court.