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AG 2016 09 19
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AG 2016 09 19
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Last modified
9/20/2016 11:20:23 AM
Creation date
11/27/2017 10:34:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/19/2016
Board
Board of Commissioners
Meeting Type
Regular
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sentence does not apply to Open Source Software which is governed by the standard license of the <br />copyright owner. <br />Section 15 GENERAL <br />15.1. TAXES. The Contract Price does not include excise, sales, lease, use, property, or other taxes, <br />assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is <br />required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to <br />Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the <br />date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property <br />tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. <br />15.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may <br />assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the <br />other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or <br />transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign <br />this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. <br />In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business "), <br />whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a "Separation <br />Event'), Motorola may, without the prior written consent of the other Party and at no additional cost to <br />Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its <br />affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. <br />Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under <br />this Agreement. <br />15.3 WAIVER. Failure or delay by either Party to exercise any right or power under this Agreement <br />will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a <br />writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either <br />a future or continuing waiver of that same right or power, or the waiver of any other right or power. <br />15.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or <br />unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and <br />effect. <br />15.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement only <br />as an independent contractor. The Parties and their personnel will not be considered to be employees or <br />agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right <br />or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or <br />be interpreted as a joint venture, partnership or formal business organization of any kind. <br />15.6. HEADINGS AND SECTION REFERENCES; CONSTRUCTION. The section headings in this <br />Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as <br />a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly <br />interpreted in accordance with its terms and conditions and not for or against either Party. <br />15.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement <br />of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, <br />proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement <br />may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties <br />had executed it as a single document. The Parties may sign in writing, or by electronic signature, <br />including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff <br />image, of a signature, shall be treated as and shall have the same effect as an original signature. In <br />addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement <br />shall be treated as and shall have the same effect as an original signed copy of this document. This <br />Agreement may be amended or modified only by a written instrument signed by authorized <br />representatives of both Parties. The preprinted terms and conditions found on any Customer purchase <br />Motorola Apttus /Contract No. Page 8 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 137 <br />
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