Resolution 8084 - Laserfiche WebLink

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VI. CANCELLATION. A. If through no fault of the STATE acceptance of delivery of electronic citations as defined in section 2.b. of Appendix A has not occurred by June 30, 2013, the STATE may cancel this Agreement and AGENCY shall refund to the STATE any amounts heretofore paid by STATE to the AGENCY hereunder and cancel all outstanding invoices to the STATE hereunder. B. The STATE or the AGENCY may cancel this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. If the Agreement is canceled without cause by the STATE under this clause, the AGENCY shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. If the Agreement is cancelled by AGENCY under this clause, or the STATE cancels this Agreement because AGENCY has failed to continue to provide electronic citations to the State as required hereunder, AGENCY shall pay to the STATE, as liquidated damages and not as a penalty, the amount of: (1) Three thousand dollars (US $3,000) if termination is made within one year after acceptance as provided in Appendix A; or (2) Fifteen Hundred Dollars (US $1500.) if termination is made more than one year after acceptance as provided in Appendix A but not more than two years after such acceptance; or (3) Seven Hundred Fifty Dollars (US $750.) if termination is made more than two years after acceptance as provided in Appendix A. C. Funds have been encumbered by STATE for payments under this AGREEMENT. The STATE may immediately cancel this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Cancellation must be by written or facsimile transmission notice to the AGENCY. The STATE is not obligated to pay for any services that are provided after notice and effective date of termination. However, the AGENCY will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The STATE will not be assessed any penalty if the Agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The STATE must provide the AGENCY notice of the lack of funding within thirty (30) days of the STATE'S receiving that notice. -3 - 2nd Judicial District contract with AGENCY for E-citations