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10A Action 2011 0404
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10A Action 2011 0404
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4/11/2011 10:43:57 AM
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3/31/2011 5:14:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/4/2011
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_CC Agenda 2011 0404
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0404
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7.3. RIGHTS AND REMEDIES. In connection with any breach and/or termination <br /> of this Agreement, Redflex shall have and hereby reserves, in full, all rights and <br /> remedies available in law and/or in equity. The rights to terminate this <br /> Agreement shall be without prejudice to any other right or remedy of either party <br /> in respect of the breach concerned (if any) or any other breach of this Agreement. <br /> 7.4. TEMPORARY SUSPENSION OF AGREEMENT TERM. The "Tenn" of this <br /> Agreement shall be temporarily suspended pursuant to and in accordance with a <br /> binding Court Order from the California State Court of Appeals until such time <br /> as the terms and conditions of the Agreement can be lawfully performed to the <br /> satisfaction of Customer and Redflex. <br /> 7.5. Redflex shall have and hereby reserves, in full, all rights and remedies available <br /> in law and/or in equity. The rights to terminate this Agreement given in this <br /> Section 6.1 shall be without prejudice to any other right or remedy of either party <br /> in respect of the breach concerned (if any) or any other breach of this Agreement. <br /> 7.6. PROCEDURES UPON TERMINATION. The termination of this Agreement <br /> shall not relieve either party of any liability that accrued prior to such <br /> termination. Except as set forth in Section 6.3, upon the termination of this <br /> • <br /> Agreement, all of the provisions of this Agreement shall terminate and: <br /> 7.6.1. Redflex shall (i) immediately cease to provide services, including but not <br /> limited to work in connection with the construction or installation activities <br /> and services in connection with the Program, (ii) promptly deliver to the <br /> Customer any and all Proprietary Property of the Customer provided to <br /> Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a <br /> final report to the Customer regarding the collection of data and the issuance <br /> of Citations in such format and for such periods as the Customer may <br /> reasonably request, and which final report Redflex shall update or <br /> supplement from time to time when and if additional data or information <br /> becomes available, (iv) promptly deliver to Customer a final invoice stating <br /> all fees and charges properly owed by Customer to Redflex for work <br /> performed and Citations issued by Redflex prior to the termination, and (v) <br /> provide such assistance as the Customer may reasonably request from time <br /> to time in connection with prosecuting and enforcing Citations issued prior <br /> to the termination of this Agreement. Immediately upon termination Redflex <br /> is no longer bound to the Data Retention Requirements for any data and if <br /> the customer wishes to obtain the data it must be conveyed at the time of <br /> termination. Redflex will transfer the data and relevant information to the <br /> Customer by a mutually agreed upon method. The customer will assume the <br /> burden for all costs associated with this task including but not limited to <br /> administrative, storage media, storage media authoring devices, and interne <br /> bandwidth used for transferring data. Redflex will provide no tools for <br /> accessing this data or other guarantees. <br /> 7.6.2. The Customer shall (i) immediately cease using the Program, accessing <br /> the Redflex System and using any other Intellectual Property of Redflex, (ii) <br /> promptly deliver to Redflex any and all Proprietary Property of Redflex <br /> provided to the Customer pursuant to this Agreement, and (iii) promptly pay <br /> any and all fees, charges and amounts properly owed by Customer to <br /> 12 <br />
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