O-2005-2859 - Laserfiche WebLink

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3 (a) a statement of each party's position with a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The senior executives shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing party's notice and thereafter as often as reasonably necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty (30) days from the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. 12. Chanoes. LA PORTE or CMI may, from time to time, request modifications or changes in the Task Order Agreement. Such changes, including any increase or decrease in the amount of CMl's compensation, which are mutually agreed upon by and between LA PORTE and CMI, shall be incorporated in written amendments to this contract. 13. Termination of Contract. This Contract and/or any Task Order Agreement under this Contract may be terminated by either LA PORTE or CMI with fourteen (14) days written notice. In the event of such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by CMI shall, at the option of LA PORTE, become its property. CMI shall be entitled to receive just and equitable compensation for work accomplished prior to the termination. 14. Assionabilitv. This Contract shall not be assigned or transferred by either CMI or LA PORTE without the prior written consent of the other. 15. Liabilitv and Standard of Care. CMI shall perform services for LA PORTE in a professional manner, using that degree of care and skill ordinarily exercised by consultants similar projects. The total liability of CMI whether in contract, tort (including negligence, whether sole or concurrent), or otherwise arising out of, connected with, or resulting from the services provided pursuant to this agreement, shall not exceed the total fees paid for the Work Order Agreement in question, or fifty thousand dollars, whichever is less. LA PORTE acknowledges that CMI is a Corporation and agrees that any claim made by LA PORTE arising out of any act or omission of any director, officer or employee of CMI in the execution or performance of this agreement shall be made against CMI and not against such director, officer, or employee.