|
i
<br /> Paymentus
<br /> t
<br /> Should any litigation arise concerning this
<br /> 7.2 Notices Agreement between the parties hereto, the parties
<br /> agree to bear their own costs and attorney's fees.
<br /> All notices of any type hereunder shall be in
<br /> writing and shall be given by Certified Mail or by a 7.7 Confidentiality
<br /> national courier or by hand delivery to an individual a
<br /> authorized to receive mail for the below listed Subject to the parties' addendum regarding
<br /> individuals, all to the following individuals at the the Washington State Transparency Law, Client will t
<br /> following locations: not disclose to any third party or use for any purpose
<br /> inconsistent with this Agreement any confidential or
<br /> To City of Everett proprietary non-public information it obtains during
<br /> C/O: Susy Haugen, Finance Director-Treasurer the term of this Agreement about Paymentus'
<br /> Address: 2930 Wetmore Ave business, operations,financial condition,technology,
<br /> Email:shaugen@everettwa.gov systems, no-how, products, services, suppliers,
<br /> Clients, marketing data, plans, and models, and
<br /> To Paymentus personnel. Paymentus will not disclose to any third
<br /> C/O: President and CEO party or use for any purpose inconsistent with this
<br /> Address: 13024 Ballantyne Corporate Place Agreement any confidential User information it
<br /> Suite 450 receives in connection with its performance of the
<br /> Charlotte, NC 28277 services.
<br /> Email: ceoCa)pavmentus.com
<br /> 7.8 Intellectual Property
<br /> Notices shall be declared to have been given or
<br /> received on the date the notice is physically received In order that the Client may promote the
<br /> if given by hand delivery, or if notices given by US Services and Paymentus' role in providing the
<br /> Post,then notice shall be deemed to have been given Services, Paymentus grants to Client a revocable,
<br /> upon on date said notice was deposited in the non-exclusive, royalty-free, license to use
<br /> mail addressed in the manner set forth above. Any Paymentus' logo and other service marks (the
<br /> party hereto by giving notice in the manner set forth "Paymentus Marks") for such purpose only. Client
<br /> herein may unilaterally change the name of the does not have any right, title, license or interest,
<br /> person to whom notice is to be given or the address express or implied in and to any object code,
<br /> at which the notice is to be received. software, hardware, trademarks, service mark, trade
<br /> name, formula, system, know-how, telephone
<br /> 7.3 Interpretation number, telephone line, domain name, URL,
<br /> copyright image, text, script (including, without
<br /> It is the intent of the parties that no portion of limitation, any script used by Paymentus on the IVR
<br /> this Agreement shall be interpreted more harshly or the WebSite) or other intellectual property right of
<br /> against either of the parties as the drafter. Paymentus ("Paymentus Intellectual Property"). All
<br /> Paymentus Marks, Paymentus Intellectual Property,
<br /> Y Y
<br /> 7.4 Amendment of Agreement and the System and all rights therein (other than
<br /> rights expressly granted herein) and goodwill pertain
<br /> Modifications or changes in this Agreement thereto belong exclusively to Paymentus.
<br /> must be in writing and executed by the parties bound
<br /> to this Agreement. 7.9 Force Majeure
<br /> 7.5 Severability Paymentus will be excused from performing
<br /> the Services as contemplated by this Agreement to
<br /> If a word,sentence or paragraph herein shall the extent its performance is delayed, impaired or
<br /> be declared illegal, unenforceable, or rendered impossible by acts of God or other events
<br /> unconstitutional, the said word, sentence or that are beyond Paymentus' reasonable control and
<br /> paragraph shall be severed from this Agreement, and without its fault or judgment, including without
<br /> this Agreement shall be read as if said word,sentence limitation, natural disasters, war, terrorist acts, riots,
<br /> or paragraph did not exist. acts of a governmental entity (in a sovereign or
<br /> contractual capacity), fire, storms, quarantine
<br /> 7.6 Attorney's Fees restrictions, floods, explosions, labor strikes, labor
<br /> walk-outs, extra-ordinary losses utilities (including
<br /> Master Services Agreement—Absorbed Page 5 of 8
<br /> 100205
<br />
|