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I1 <br /> • <br /> SUSPENSION AND TERMINATION <br /> WSP may suspend further performance of services hereunder when, in its reasonable estimation,the User <br /> has breached any material term of the Agreement. For the purposes of this Agreement,the violation of <br /> any specific term of this Agreement or of any substantive requirement or limitation imposed by the <br /> federal or state statutes,regulations, or rules incorporated into this Agreement shall be deemed a breach of <br /> a material term of the Agreement. <br /> WSP may terminate this Agreement if the User commits any material breach of any term of this <br /> Agreement,which breach is not cured within thirty(30)business days after receipt of notice from WSP. <br /> Both parties may, by mutual agreement,terminate this Agreement on terms then acceptable to them. <br /> Upon termination of this Agreement for any reason, each party shall promptly return to the other any <br /> property that belongs to the other party. With respect to hardware or software products that are the <br /> property of WSP or WIN,the User shall promptly return such property to WSP. <br /> Neither WIN,WSP nor the User shall be liable for(i)any indirect, incidental, consequential or special <br /> damages under this agreement arising solely from the termination of this Agreement in accordance with <br /> its terms. <br /> HOLD HARMLESS <br /> The User agrees to hold harmless the Western Identification Network and its employees; and the State of <br /> Washington,the Washington State Patrol and its employees from and against any and all claims, <br /> demands, actions, suits,including but not limited to,any liability for damages by reason of or arising out <br /> of any misuse of the AFIS,WASIS and WIN AFIS databases,erroneous fingerprint identifications made <br /> by user personnel, or any cause of action whatsoever, and against any loss, cost,expense,and damage <br /> resulting therefrom,including attorney's fees. <br /> This agreement replaces any previous agreement between WSP and the User on this subject. <br /> IN WITNESS THEREOF,the duly authorized officialsof the respective parties have executed this <br /> written Agreement. <br /> CITY OF EVERETT WASHINGTON STATE PATROL <br /> By: <br /> Ray Stephanson,Mayor <br /> Date: Date: <br /> ATTEST: <br /> City Clerk <br /> APPROVED AS TO FORM: <br /> City Attorney <br /> APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 6/2/2010 <br /> WSP LIVE-SCAN TO WIN AFIS CONNECTION USER'S AGREEMENT Page 3 <br />