06/08/1998 Council Packet - Laserfiche WebLink

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8 VII. GENERAL CONDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes will be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7.02 Noncompliance by Lendee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Lendee and upon failure of the Lendee to cure the default within the seven -day period. If the Council finds that the Lendee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Lendee to immediately repay the loan funds in full or in a portion determined by the Council. Nothing herein will be construed so as to limit the Council's legal remedies to recover loan funds. 7.03 Unauthorized Use of Loan Proceeds. Upon a finding by Council staff that the Lendee has made an unauthorized or undocumented use of loan proceeds, and upon a demand for repayment issued by the Council, the Lendee agrees to promptly repay such amounts to the Council. 7.04 Indemnification. The Lendee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including without limitation attorney's fees, arising out of resulting from, or relating to the performance of this agreement by Lendee or Lendee's employees, agents, or subcontractors. 7.05 Public Data. The Lendee agrees that the results of the Loan Project, the reports submitted, and any new information or technology that is developed with the assistance of this loan is in the public domain and may not be copyrighted or patented. 7.06 Equal Employment Opportunity; Affirmative Action. The Lendee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Lendee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 7.07 Acknowledgment. The Lendee will appropriately acknowledge the loan assistance made by the Council in any promotional materials, reports, and publications relating to the Loan Project.