Laserfiche WebLink
<br /> <br />Page 4 of 15 <br />Version 2022.1 Muni <br />parcel maps. If at any time Company presents to City data to support that the number of <br />addresses serviced exceeds the number provided by the City, the parties agree to re - <br />negotiate in good faith the number of addresses receiving and paying for services under <br />this Agreement. <br />8.5.2 Audit of Company Records. The City may request and be provided with an opportunity <br />to audit any relevant and non-confidential records of Company that support the <br />calculations of charges invoiced to the City under this Agreement within the ninety (90) <br />day period before the audit request. Such audits shall be paid for by the City and shall <br />be conducted under mutually acceptable terms at Company’s premises in a manner that <br />minimizes any interruption in the daily activities at such premises. <br />9. Termination. If either party breaches any material provision of this Agreement and such breach is not <br />substantially cured within thirty (30) days after receipt of written notice from the non-breaching party <br />specifying such breach in reasonable detail, the non-breaching party may terminate this Agreement by <br />giving thirty (30) days’ written notice of termination to the breaching party. However, if the breach <br />cannot be substantially cured within thirty (30) days, the Agreement may not be terminated if a cure is <br />commenced within the cure period and for as long thereafter as a cure is diligently pursued. Upon <br />termination, the City shall pay Company only such charges and fees for the Services performed on or <br />before the termination effective date and Company shall collect its equipment, and Company shall have <br />no further obligation to perform any Services under this Agreement. <br />10. Compliance with Laws. Company warrants that the Services will be performed in a good, safe and <br />workmanlike manner, and in compliance with all applicable federal, state, provincial and local laws, <br />rules, regulations, and permit conditions relating to the Services, including without limitation any <br />applicable requirements relating to protection of human health, safety, or the environment (“Applicable <br />Law”). In the event any provision of this Agreement conflicts with an existing ordinance of the City, <br />this Agreement shall control and Company shall not be fined, punished, or otherwise sanctioned under <br />such ordinance. Company reserves the right to decline to perform Services, which, in its judgment, it <br />cannot perform in a lawful manner or without risk of harm to human health, safety or the environment. <br />11. Title. Title to Waste Material shall pass to Company when loaded into Company’s collection vehicle or <br />otherwise received by Company. Title to and liability for any Excluded Waste shall at no time pass to <br />Company. <br />12. Excluded Waste. If Excluded Waste is discovered before it is collected by Company, Company may <br />refuse to collect the entire waste container that contains the Excluded Waste. In such situations, <br />Company shall contact the City and the City shall promptly undertake appropriate action to ensure that <br />such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded <br />Waste. In the event Excluded Waste is present but not discovered until after it has been collected by <br />Company, Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste <br />at a facility authorized to accept such Excluded Waste in accordance with Applicable Law and, in <br />Company’s sole discretion, charge the City, depositor or generator of such Excluded Waste for all direct <br />and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and <br />disposal of such Excluded Waste. The City shall provide all reasonable assistance to Company to <br />conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste <br />and to collect the costs incurred by Company in connection with such Excluded Waste. Subject to the <br />City’s providing all such reasonable assistance to Company, Company shall release City from any <br />liability for any such costs incurred by Company in connection with such Excluded Waste, except to the <br />extent that such Excluded Waste is determined to be attributed to the City. <br />13. Equipment; Access. Any equipment that Company furnishes or uses to perform the Services under this <br />Agreement shall remain Company’s property. The City shall be liable for all loss or damage to such