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2015_0323_CCpacket
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2015_0323_CCpacket
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Attachment A <br />compact discs or other equivalent format; and <br />(d) Granicus has the right to delete Content within sixty (60) days of the <br />expiration or termination of this Agreement. <br />9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT. <br />9.1 Options. If the Granicus Software becomes, or in opinion is <br />likely to become, the subject of an infringement claim, Granicus may, at its option and sole <br />discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in <br />this Agreement; (ii) replace the Granicus Software with another software product that provides <br />similar functionality; or (iii) if Granicus determines that neither of the foregoing options are <br />reasonably available, Granicus may cease providing the applicable services or require that Client <br />cease use of and destroy the Granicus Software. In that event, and provided that Client returns or <br />destroys (and certify to such destruction of) all copies of the Granicus Software in Client <br />possession or control, if any, Granicus will refund all monthly managed service fees paid by Client <br />under the current agreement applicable to the period after the time Granicus ceases to provide the <br />applicable software services or requires the Client to cease use of and destroy the Granicus <br />software. <br />10. INTERLOCAL AGREEMENT. <br />10.1 This contract may be extended for use by other municipalities, school districts and <br />governmental agencies. Any such usage by other entities must be in accordance with the City <br />Code, Charter and/or procurement rules and regulations of the respective governmental entity. <br />11. MISCELLANEOUS. <br />11.1 Amendment and Waiver. This Agreement may be amended, modified, waived or <br />canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the <br />party waiving compliance. Any failure by either party to strictly enforce any provision of this <br />Agreement will not be a waiver of that provision or any further default. <br />11.2 Governing Law. The laws of the State of Minnesota shall govern the validity, <br />construction, and performance of this Agreement, without regard to its conflict of law principles. <br />11.3 Construction and Severability. Wherever possible, each provision of this <br />Agreement shall be interpreted so that it is valid under applicable law. If any provision of this <br />Agreement is held illegal or unenforceable, that provision will be reformed only to the extent <br />necessary to make the provision legal and enforceable; all remaining provisions continue in full <br />force and effect. <br />11.4 Independent Contractors. The parties are independent contractors, and no other <br />relationship is intended by this Agreement. <br />11.5 Force Majeure. Other than payment obligations, neither party is responsible for <br />any delay or failure in performance if caused by any event outside the reasonable control of the <br />party, including without limitation acts of God, government regulations, shortage of supplies, act of <br />war, act of terrorism, earthquake, or electrical, internet or telecommunications outage. <br /> <br />0 ¦¤ Ε <br /> <br />
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