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a • <br />Appendix A <br />ensure performance and to shorten the duration of the event <br />of Fora Majeure. The party suffering an event of Force <br />Majeure shall provide notice of the event to the other <br />parties immediately. Subject to this provision, such non- <br />performance shall not be deemed a default or a ground for <br />termination. However, a Custort~r may terminate a <br />Purchase Older if it is determined by the Customer that <br />Reseller will not be able ro deliver product or services in a <br />timely amnrter to meet the business needs of the Cusromer. <br />person contracting with DIR may direct their written <br />complaints to the following office: <br />23. TERMINATION FOR NON-APPROPRIATION. <br />Customer may terminate Purchase Orders and D1R may <br />terminate this Contract if funds sufficient to pay obligations <br />hereunder are not appropriated by the legislative body on <br />behalf of local governments, or by the Texas legislature on <br />behalf of state agencies. in the event ofnon-appropriation, <br />Reseller will be provided ten (10) days written notice of <br />intent to terminate. <br />Z4. TERMINATION FOR CONVENIENCE. Either <br />parry may terminate this Contract, in whole or in part, by <br />giving the other Party thirty (30) days written notice. A <br />Customer may terminate a Purchase Order if it is <br />determined by the Customer that Reseller will not be able <br />to deliver product or services in a timely manner to meet <br />the business needs of the Customer. <br />25. TERMINATION FOR CAUSE. Either DIR or <br />Reseller may issue a written notice of default to the other <br />upon the occumrtce of a material breach of any covenant, <br />warranty or provision of this Contract or a Purchase Order <br />arising hereunder. The non-defaulting patty shall give the <br />defaulting party thirty (30) days 8rom receipt of notice to <br />cure said default If the defaulting party fails to cure said <br />default within the timefiarne allowed, the non-defaulting <br />party may, at its option and in addition to any other <br />remedies it may have available, canal and terminate this <br />Contract. Customers hereunder have no power to terminate <br />this Contract for default. Customer's rights are exclusively <br />based on their Purchase Order. <br />26. CUSTOMER RIGHTS UNDER TERMINATION. <br />in the event this Contract expires or. is terminated for any <br />reason, a Customer shall retain its rights under the Purchase <br />Order issued with rasped to all products or services <br />ordered and accepted prior to the effective termination date. <br />Z7. RESELLER RIGHTS UNDER TERMINATION. <br />In the event this Contract expires or is terminated for any <br />reason, a G~rstomer shall pay all amounts due for products <br />or services ordered prior to the effective temrination date <br />and ultimately accepted. <br />28. SURVIVAL. All warranty and/or service agreements <br />that were entered into between Reseller and a Customer <br />under the terms and wnditions of this Contract shall <br />survive the termination of this Contract. <br />Public Infomtation Office <br />Department of Information Resources <br />Attn: Public Information Off cei• <br />300 W. 15t° Street, Suite 1300 <br />Austin, TX 78701 <br />(512) 475-4700, voice , <br />(S 12) 475759, fax <br />Z9. ~ANDL G OF WRITTEN COMPLAINT'S, In <br />addition to other remedies contained in this Contract, a <br />