Reso 2001-367 - Laserfiche WebLink

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days of receipt; any proposal not specifically accepted will be deemed rejected on the eleventh business day after receipt. (D) Purchase orders issued in compliance with this Agreement, other than Special Requirements Orders, shall be deemed accepted upon receipt by CII. Special Requirements Orders shall be deemed accepted_ by CII upon receipt of The Customer's acceptance of CII's proposal. (E) Unless otherwise specifically agreed to in writing between CII and The Customer, the terms and conditions of this Agreement shall take precedence over any accepted purchase order issued after the date of this Agreement, in conformance with Article 18 of this Agreement. (F) The Customer agrees to notify CII immediately if, at any time, it appears the Services and requirements set forth in this Agreement may not be satisfied. Such notification shall include the reasons for any anticipated delay (including, but not limited to, the reasons set forth in Section.9.0, Force Majeure) and the proposed schedule in which The Customer shall resume compliance. The Customer agrees that it shall, at its own expense, exert every reasonable effort and take other actions as may be necessary to meet the requirements of this Agreement. 7.0 RESPONSE TIME Response time is defined in Exhibit A of this Agreement. CII agrees that a technician will respond to a reported failure within the specified response time after a verifiable notification by The Customer. 8.0 TITLE, RISK OF LOSS AND CLAIMS The Customer must make any claims against CII shortages in quantities shipped or deficiencies in services rendered within ninety (90) days from the date of delivery or invoice of such material or services. 9.0 FORCE MAJEURE (A) CII will not be considered in default or liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises directly or indirectly out of an act of nature, war, strikes, lockouts, trade disputes, fires, quarantine restrictions, Governmental action or by causes beyond the reasonable control of CII. In such event, any obligation of CII under this Agreement will be postponed until the cause underlying the force majeure has been eliminated at which time the obligation will again be in effect. Any loss of time by the force majeure will not be held against CII who was unable to comply with its obligations under this agreement because of the force majeure. CII shall immediately notify the other Party in writing if a force majeure event delays performance and shall state the revised date for performance. GZ J Sunny Isles Beach Police Department Maintenance Contract rev. 1.04.3A