Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 23)

AIMS System and Services Agreement Page 23 of 60

10.3 County reserves the right and option to terminate the Agreement for convenience

by action of the Board upon not less than thirty (30) calendar day’s written notice

to the Contractor by the Contract Administrator. At the end of which time, this

System Agreement and the License Agreement will automatically terminate

without the necessity of any further action.

10.3.1 In the event the Agreement is terminated for convenience prior to Final

Acceptance, Contractor will be paid for all Services, including labor and

programming costs, incurred prior to the effective date of termination, and

Contractor shall refund to County the full license fee paid by County for

any Licensed Software and Third Party Software included in the System,

any Maintenance Services Fee previously paid by the County under the

License Agreement that would apply to any period after the date of

termination, and all amounts paid by County to Contractor for any

materials, Equipment, Goods, and Hardware returned to Contractor. After

full repayment by Contractor of the license fee amounts received from

County for the Licensed Software and Third Party Software, the applicable

portion of the Maintenance Services Fee, and the amounts previously paid

by County for materials, Equipment, Goods and Hardware that are

returned to Contractor, County shall promptly remove any Licensed

Software and Third Party Software from any County-owned Hardware

upon which such may reside. Additionally, Contractor may, in the

reasonable, professional discretion of the Contract Administrator, subject

to Board approval, be allowed direct termination expenses and fixed

settlement costs which become firm prior to the date of the notice of

termination. No payment will be made for lost or future profits. Upon

receipt of notice of termination, Contractor shall discontinue all work,

cease any deliveries, shipment, or carriage of Goods, and make available

to the Contract Administrator any and all reports, data, specifications,

estimates, summaries, and information as are required by this System

Agreement and the License Agreement as of the date of termination.

Contractor acknowledges and agrees that ten dollars ($10.00) of the

compensation to be paid by County, the adequacy of which is hereby

acknowledged by Contractor, is given as specific consideration to

Contractor for County’s right to terminate for convenience under this

Subsection 10.3.1.

10.3.2 In the event this System Agreement is terminated for convenience after

Final Acceptance, then County shall keep all Goods, Equipment,

Hardware and Software supplied by Contractor, provided County has paid

in full the license fee and purchase price, as installed, for same, and if the

License Agreement is also terminated for convenience, Contractor shall

reimburse County for any Maintenance Services Fee previously paid by

the County that would apply to any period after the termination of the

License Agreement. Contractor acknowledges and agrees that ten dollars

($10.00) of the compensation to be paid by County, the adequacy of which

Exhibit 3

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Unimark EC3000 Series Spezifikationen Seite 23

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