8I Consent 2012 0206 - Laserfiche WebLink

Home

impracticable or extremely difficult to ascertain. Licensee and City agree that if City does not receive any such payment within five (5) calendar days after such payment is due, Licensee shall pay to City an amount equal to ten percent (10 %) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that City will incur by reason of the late payment by Licensee, but the payment of such late charge shall not excuse or cure any default by Tenant under this Agreement. The Parties further agree that the payment of late charges pursuant to this Section 1.1 and the payment of interest pursuant to Section 1.2 are distinct and separate from one another in that the payment of interest is to compensate City for the use of City's money by Licensee, while the payment of a late charge is to compensate City for the additional administrative expense incurred by City in handling and processing delinquent payments, but excluding attorneys' fees and costs incurred with respect to such delinquent payments. Acceptance of any late fees and late charges shall not prevent City from exercising any of the other rights and remedies available to City under this Agreement for any other default by Licensee. 1.2 Interest Any amount due from Licensee to City which is not paid within five (5) calendar days after such payment is due shall bear interest at the lesser of ten percent (10 %) per annum or the maximum rate which City is permitted by law to charge, from the date such payment is due until paid, but the payment of such interest shall not excuse or cure any default by Licensee under this Agreement. 2. Term of License . The term of the License and right of entry granted hereby, shall commence on the Effective Date and shall continue until April 30, 2013 (the "Termination Date ") unless the term is extended pursuant to this Section 2 or terminated pursuant to Section 3 below. Following the Termination Date, this License may continue in effect on a month -to- month basis upon written request by Licensee delivered to City not later than thirty (30) days prior to the expiration of the initial term of this License. City will not withhold consent to an extension of the term for a period of up to twenty -four (24) additional months if Licensee reasonably requires such extension in order to complete construction activities related to the WPCP Project. All terms and conditions of this Agreement shall apply during any extension of the term; provided however, following the Termination Date, either Licensee or City may terminate this Agreement upon delivery of thirty (30) days' written notice delivered in accordance with Section 9.1 3. Termination of License. City may terminate or suspend this License by written notice to Licensee following Licensee's breach of its obligations under this Agreement (including without limitation, any violation of the Conditions of Use) if Licensee fails to cure any such breach within ten (10) days following written notice of default from the City. In addition, at any time after April 30, 2013, if City requires use of the Property for any reason, including without limitation, because City has commenced or will shortly commence construction for the Eden Road Project, City may terminate this License upon delivery of thirty (30) days' prior written notice to Licensee. 3.1 Relocation, Waiver and Release. Licensee acknowledges and agrees that Licensee will not be entitled to, nor will Licensee make any claim for, compensation or damages of any kind or for benefits under Relocation Laws (defined below) in connection with City's 1732830.3