2026.06.15 CC Packet - Laserfiche WebLink

Home

Spheros Environmental | www.spherosenv.com | Page 12 provision or provisions, and the rights and obligations of the Party shall be construed and enforced accordingly, to effectuate the essential intent and purposes of this Agreement. XXVI. NONEXCLUSIVE NATURE. This Agreement is not exclusive. Spheros is free to provide similar services or deliverables to others. Client makes no representations or warranties as to a minimum or maximum procurement of services hereunder. XXVII. SURVIVAL. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidentiality, Disputes, Compensation, Ownership of Documents, Insurance, and Survival. XXVIII. DISPUTES. In an effort to resolve any conflicts that may arise, Client and Spheros agree to resolve any claims or disputes related to this Agreement, in an amicable, professional, and expeditious manner so as to avoid unnecessary disruptions and delays to the Services. For any claim or dispute the Parties shall first attempt to resolve such claim or dispute through discussions between Client’s and Spheros’s designated representatives. If any such claim or dispute is not resolved through such discussions, the responsible executive of each Party, who shall possess the authority to resolve such matter, shall attempt to resolve such claim or dispute. Either Party may initiate discussions by written notice to the other Party setting forth the subject of the claim or dispute and the resolution sought. The Party in receipt of such notice shall respond within five (5) business days with a written statement of its position on, and recommended solution to, the claim or dispute. If the claim or dispute is not resolved by this exchange of correspondence, then the responsible senior executives of each Party shall meet at a mutually agreeable time and place within ten (10) business days from the Party’s response in an attempt to resolve the claim or dispute. Any claims or disputes between the Parties arising out of or relating to this Agreement, which have not been resolved in accordance with the procedures set forth in this Section XXVIII shall be suWSBtted to nonbinding mediation unless the Parties mutually agree otherwise. Each Party shall pay for its own costs and one-half the cost of a mutually acceptable mediator. In the event mediation is not successful, the claims or disputes between the Parties shall subject to litigation in a court of competent jurisdiction in the State of Colorado. The Parties irrevocably consent to the personal jurisdiction of said courts and waive any and all defenses of forum non conveniens, improper venue, or lack of personal jurisdiction. [***]