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1 �t <br /> 4.11 to refrain from sharing login ID's <br /> 4.12 to perform the functions of data entry and data storage for all Clients properly <br /> enrolled per the Documentation. The data entry function consists of the input of <br /> all required demographic, curfew, and system configuration information on each <br /> case into the System. <br /> 5. COST OF SERVICES. <br /> 5.1. ExacuTrack Charges. For each Unit provided to Agency by BI, Agency shall <br /> pay to BI an amount for each day in any given month that such Unit is in Agency's possession <br /> (the "ExacuTrack Charge"). The ExacuTrack Charge is as set forth on Exhibit A which is <br /> attached hereto and incorporated herein. <br /> 5.2. Net 30. BI will invoice Agency on a monthly basis for all charges incurred during <br /> the month. Payment shall be made by Agency to BI within thirty (30) days of receipt of BI's <br /> invoice. Interest on any amount which is past due shall accrue at the rate of 1-1/2% per month, <br /> or if such rate exceeds the maximum rate allowed by law, then at such maximum rate, and shall <br /> be payable on demand. <br /> 5.3. Taxes. In the event any item hereunder is found to be subject to taxation in any <br /> form, except taxes based upon net income, Agency will pay as the same respectively come due, <br /> all taxes and governmental charges of any kind whatsoever together with any interest or <br /> penalties that may at any time be lawfully assessed or levied against or with respect to such <br /> item of equipment or services. In the event Agency is tax exempt, Agency agrees to supply BI <br /> with a tax exemption certificate. <br /> 6. TERM, TERMINATION, RENEWAL. <br /> The term of this Agreement is for one (1) year (unless terminated as provided herein) from the <br /> effective date of this Agreement. This Agreement, its terms and conditions, and authorized <br /> amendments are renewed automatically for succeeding periods of one (1) year each on the <br /> anniversary of its original effective date unless otherwise terminated as provided for herein. <br /> This Agreement may be terminated for convenience by either party upon sixty (60) days prior <br /> written notice to the other party. Cessation of services and responsibilities defined in this <br /> Agreement may not take place less than sixty (60) days from the receipt of notice except in the <br /> event of default by either party. All notices with respect to this Agreement shall be in writing and <br /> signed by a duly authorized representative of the party. Notices shall be sent by certified mail or <br /> delivered by messenger. <br /> Upon proper notice neither party shall be obligated to the other in any way outside those <br /> responsibilities defined in this Agreement. Notwithstanding, upon completion of BI services, <br /> Agency shall immediately return all property due to BI. In the event BI's Units, unused supplies <br /> and other such property are not returned within seven (7) days, Agency shall pay to BI, ten <br /> dollars ($10.00) per Unit per day until BI has all such Units and other property in its possession. <br /> Bl is entitled to full payment for services rendered and accepted by Agency whether during the <br /> term of this Agreement or thereafter. <br /> 7. LIMITATION OF LIABILITY <br /> Agency will be responsible for the proper use, management and supervision of the ExacuTrack <br /> Equipment. Agency agrees that BI will not be liable for any damages caused by Agency's <br /> failure to fulfill these responsibilities. <br /> GPSEvereft,city of.WA06 <br /> 3 <br />