03-22-2006 Council Agenda - Laserfiche WebLink

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Subsystem, measure standards, and procedures and protocol. SUBSCRIBER agrees to comply with the protocols and procedures established by the Subsystem Policy Group. 6. TERM AND CANCELLATION 6.1 Term of Agreement This Agreement shall be for an initial term beginning on the date following, execution by both parties and continuing through December 31, 2016 ( "Initial Tenn "). After the Initial Term, this Agreement will automatically he extended for an additional one (1) year term, unless either party gives written notice of intent not to extend to the other party, at least one hundred twenty (120) days prior to the expiration of the then current term. 6.2 Cancellation of Agreement by COUNTY Except as otherwise provided in Section 6.4, this Agreement may not be canceled by COUNTY during the Initial Tenn. Thereafter, this Agreement may be canceled by COUNTY for lack of funding to operate the Subsystem, taking the Subsystem out of service, and other material causes not attributable to SUBSCRIBER, upon three hundred and sixty five (365) days' written notice to SUBSCRIBER, provided that any such cancellation by COUNTY shall require action by the Board of Ramsey County Commissioners. 6.3 Cancellation of Agreement by SUBSCRIBER This Agreement may be canceled by SUBSCRIBER at any time with or without cause upon thirty (30) days' written notice to COUNTY, provided that any such cancellation by SUBSCRIBER shall require action by SUBSCRIBER'S governing body. 6.4 Cancellation of Agreement for Default If either party fails to perform any material term of this Agreement, it shall constitute a default. Unless SUBSCRIBER'S default is excused by COUNTY, COUNTY may, upon written notice, immediately cancel this Agreement in its entirety. Default by SUBSCRIBER shall include, but is not limited to, continued misuse of the Subsystem, breach of Subsystem data security, and failure to pay in accordance with the provisions of this Agreement. Unless COUNTY'S default is excused by SUBSCRIBER, SUBSCRIBER may, upon thirty (30) days' written notice, cancel this Agreement in its entirety. Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non - defaulting party by virtue of any breach of this Agreement by the defaulting party. The above remedies shall be in addition to any other right or remedy available under law, statute, rule, and /or equity. The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6.5 Actions Upon Termination or Cancellation Upon expiration or cancellation of this Agreement, SUBSCRIBER shall cease all use of the Subsystem including using the Subsystem with radios owned by SUBSCRIBER. SUBSCRIBER'S obligation to protect private data and prevent unauthorized access to the Subsystem information and radio code plugs shall survive termination or cancellation of this Agreement. 800 MHz Subsystem Subscriber Agreement -enter name ciente.; LP-- time period 7 of 12 -l-2- J