Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
agents in carrying out the terms of this Agreement and the results thereof,to the extent <br /> authorized by law and shall not be responsible for the acts and/or omissions of the other party <br /> and the results thereof. The liability and the monetary limits of liability of the parties,their <br /> officials,employees,representatives and agents shall be governed by provision of Minnesota <br /> Statutes Chapter 466 and other applicable law. <br /> VII.Data Practices <br /> Nothing in this Agreement shall be construed to be contrary to Minnesota Statutes, Chapter 13, <br /> Minnesota Government Data Practices Act, and in particular Minn.Stat. §§ 13.05, subds. 6& 11 <br /> and 13.37, subd. 1(b). All of the data created, collected,received, stored,used,maintained,or <br /> disseminated by the parties in performing functions under the Agreement is subject to the <br /> requirements of Minnesota Government Data Practices Act and all parties must comply with <br /> those requirements. If any provision in this Agreement is in conflict with the Minnesota <br /> Government Data Practices Act,the Act will control. <br /> VIII.Term/Termination <br /> A. Term <br /> This Agreement will be effective upon final execution by both parties until January 1, <br /> 2015. Thereafter,this Agreement shall automatically be renewed for an additional one- <br /> year period unless either party gives the other party written notice of its intent not to <br /> renew by November 1 of the then-current term. The term of this Agreement, including <br /> all renewals, shall not exceed 5 years. <br /> B. Termination <br /> Either party may terminate this agreement with or without cause. If termination is for <br /> cause,the party receiving the notice shall have 120 days to cure the breach. Either party <br /> may terminate the portion of this agreement related to the Records Management System <br /> without cause upon a 90 day written notice to either party. The remainder of the <br /> processes and services listed under this agreement may be terminated without cause upon <br /> a one year written notice to either party. This agreement may be terminated at any time <br /> by mutual agreement of both parties. <br /> C. License and Maintenance Fees <br /> Should termination by Roseville take effect during a time period for which the SPPD has <br /> already paid license or maintenance fees,or during a time period for which such fees are <br /> due and payable by the SPPD, for any software purchased for use by Roseville by the <br /> SPPD,Roseville will be liable for its portion of the fees until the end of the term for <br /> which the SPPD has paid the fees or for which such fees are due and payable by the <br /> SPPD,regardless of when the termination of this Agreement takes effect. <br /> IX. Conditions Outside Control of a Party <br /> No party to this Agreement can be held responsible for conditions outside the control of the party <br /> claiming its occurrence,which are the direct result of force majeure which shall mean and <br /> include acts of God; acts of public enemies; strikes or lockouts;enforceable governmental or <br /> judicial orders; outbreak of war or insurrection; or acts of terrorism; insurrections;riots; civil <br /> disturbances; earthquakes; floods; fires; explosion or other similar catastrophes or events not <br /> reasonably within the party's control. <br /> 7 <br />