Laserfiche WebLink
1 <br /> 6.3 Resources <br /> Cities Digital shall commit and utilize sufficient resources to use its best efforts to meet the <br /> interim milestones within the timetable. <br /> 6.4 Timetable <br /> Cities Digital shall notify City of any circumstances,if,as and when they arise,that may be <br /> reasonably anticipated to lead to a material deviation from the timetable set forth in this <br /> Agreement. Such deviations shall constitute a material breach of this Agreement unless they are <br /> caused by events,actions or activities beyond Cities Digital's reasonable control not otherwise <br /> constituting a breach of this Agreement,in which latter event the timetable to which the <br /> deviation is applicable shall be extended by the number of calendar days of delay causing the <br /> deviation. <br /> 7 DELIVERY, INSTALLATION AND ACCEPTANCE <br /> 7.1 Delivery and Installation <br /> Cities Digital shall deliver and install the Software at the location(s)designated by the City,and <br /> shall deliver thereto all documentation and other materials. Cities Digital may configure the <br /> Software either prior to installation at a location of Cities Digital's choosing,or Cities Digital <br /> may configure the Software during installation at the location(s)designated by the City. Cities <br /> Digital shall inform City when such delivery,installation and configuration occur. <br /> 7.2 Tests <br /> Promptly upon completion of the installation of the Software,Cities Digital and City will jointly <br /> perform tests to ensure the operability,adequacy and accuracy of the Software as to mutually <br /> agreed to criteria. City shall be notified before the tests are run,and City shall actively <br /> participate in the tests as they are run to ensure compliance with agreed to test criteria. <br /> 7.3 Acceptance <br /> City shall accept the Software when it delivers to Cities Digital a written notice accepting the <br /> same. At its sole option,the City may issue multiple partial acceptances. <br /> 7.4 Cure of Non-Conformities or Defects <br /> In the event that City notifies Cities Digital of non-conformance or reproducible and verifiable <br /> defects,Cities Digital shall promptly cure any defects or non-conformities. <br /> 8 CONFIDENTIALITY <br /> 8.1 City Information To Be Kept Confidential <br /> Cities Digital acknowledges that it may be provided access to confidential data of the City that is <br /> not subject to disclosure pursuant to RCW Chap.42.17. Cities Digital is not authorized to <br /> City of Everett/Cities Digital,Inc.Software Agreement Draft 02/17/2012 <br /> Page 4 <br /> 9 <br />