Reso 2006-919 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (30S) 947-0606 phone (30S) 949-3113 Fax Binding Agreement. The individual signing this Agreement and any Supplement(s) to this Agreement for the Customer wmTants that they have been duly authorized to bin~ their respective principals to all rights, duties, remedies, obligations and responsibilities incurred by way of this Agreement and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of the Customer. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an appropriation of the funds for this purpose by the City Commission. Assignment. This Agreement and the rights, title, and interest may not be assigned or transfelTed by any Pm1y without the prior written consent of the other._Such consent shall not be unreasonably withheld. For purposes of this Agreement, a merger, acquisition, reorganization, spin-off or other transaction involving a transfer of substantially all of the assets or common stock of either party hereto shall not be deemed an assignment. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and SunGard. Force Majeure. A Pmty is not responsible for failure to have fulfilled its obligations under this Agreement due to Acts of God or other causes beyond its control. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstance shall, to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice required or pelmitted to be given under this Agreement, shall be sufficient if in writing and if sent by registered or ce11ified mail, by overnight express, or by hand delivery to SunGard or the City of Sunny Isles Beach at the addresses set forth as follows or to any other address of which notice of the change is given to the Pm1ies hereto. A notice shall be deemed received, regardless of any refusal of delivery, upon hand delivery, two (2) business days after posting in United States Mail, or one (1) business day after dispatch by overnight courier: To: SunGard HTE Inc. 1000 Business Center Drive Lake Mary, Florida 32746 Attn: Gil Santos, President and CEO 11 COS06-4S-1 SunGard Software License and Services Agreement SIB