8H Consent 2007 0604 - Laserfiche WebLink

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24.2 Definitions of Breach -Conditions and circumstances which shall constitute a material breach by the CONTRACTOR shall include but not be limited to the following: 24.2.1 Failure of the CONTRACTOR to operate the FRALS service system in a manner which enables the COUNTY or the CONTRACTOR to remain in substantial compliance with the requirements of the applicable Federal, State, and County laws, rules, and regulations; 24.2.2 Falsification of data supplied to the COUNTY by CONTRACTOR during the course of operations under this Agreement; 24.2.3 Failure by CONTRACTOR to maintain equipment in accordance with good maintenance practices; 24.2.4 Repeated failure by CONTRACTOR to meet response-time requirements after receiving notice of noncompliance from the Contract Administrator (material breach for response-time requirements is defined in the monthly financial performance penalties table in Exhibit A.); 24.2.5 Failure by CONTRACTOR to maintain the required insurance. SECTION 25 . PAYMENT AND PATIENT FEES 25.1 CONTRACTOR agrees that it will not, without prior approval of COUNTY, bill patients for service provided under this Agreement. SECTION 26 . MISCELLANEOUS PROVISIONS 26.1 Attorney's Fees: In any claim, suit or proceeding brought or instituted by either of the parties to enforce any of the provisions of this Agreement or to seek damages, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, and necessary disbursements. 26.2 Notice: All notices required hereunder will be in writing and served personally or by mail: CONTRACTOR: City of San Leandro Finance Director 835 East 14th San Leandro, CA 94577 COUNTY: Alameda County EMS District 1000 San Leandro Boulevard, Suite 200 San Leandro, CA 94577 Page 13 of 17