Laserfiche WebLink
Public Standard Agreement (2004 Form) VER. 12/31/2015 <br />Page 5 of 7 (Excluding Exhibits) <br /> <br />responsibility of the CLIENT to verify compatibility with its system and long-term stability of <br />media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from <br />all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from <br />third party use or any adaptation or distribution of electronic/digital data provided under this <br />AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by <br />this AGREEMENT. <br /> <br />H. REUSE OF DOCUMENTS <br /> <br /> Drawings and Specifications and all other documents (including electronic versions of any <br />documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are <br />instruments of service in respect of the Project and, upon payment of all monies due, are the <br />property of the CLIENT, except that CONSULTANT may retain copies for its records and use. <br />However, such documents are not intended or represented to be suitable for reuse by the CLIENT or <br />others on extensions of the Project or on any other project. Reuse or modification of any such <br />documents by the CLIENT without the CONSULTANT’S written consent, shall be at the CLIENT’s <br />sole risk and CLIENT agrees to indemnify, defend and hold CONSULTANT harmless for any and all <br />claims, damages, and expenses, including attorney's fees, arising out of such reuse by CLIENT or <br />anyone acting on behalf of the CLIENT. At the conclusion of the Project, or if the CLIENT or <br />CONSULTANT terminates this Agreement, copies of all files, records, and drawings in <br />CONSULTANT’S possession relating to services performed for CLIENT shall be turned over to <br />CLIENT without cost to CLIENT, upon the CLIENT’s request. <br /> <br />I. PERIOD OF AGREEMENT <br /> <br /> This Agreement will remain in effect indefinitely until terminated as provided herein. <br /> <br />J. PAYMENTS <br /> <br /> If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty <br />days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent <br />(1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any <br />unpaid balance. In addition, after giving seven days' written notice to CLIENT, CONSULTANT <br />may, without waiving any claim or right against the CLIENT and without incurring liability <br />whatsoever to the CLIENT, suspend services and withhold project deliverables due under this <br />Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and <br />charges. <br /> <br />K. TERMINATION <br /> <br /> This Agreement may be terminated by either party for any reason or for convenience by either party <br />upon seven (7) days written notice. <br /> <br /> In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of <br />amounts due and owing including payment for services performed or furnished to the date and time <br />of termination, computed in accordance with Section III of this Agreement. <br /> <br />L. CONTINGENT FEE <br /> <br /> The CONSULTANT warrants that it has not employed or retained any company or person, other <br />than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,