AG 2014 12 15 - Laserfiche WebLink

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1. Cabarrus County Manager PO Box 707 Concord, NC 28026 AND 2. Cabarrus Sheriff Communications Director PO Box 525 Concord, NC 28026 If to Motorola: Motorola Solutions, Inc.: 1303 East Algonquin RdSchaumburg, IL 60196 Attn: Facsimile: (847)576 -0721 With copy to: Legal Department All notices will be effective: (i) upon actual receipt; (ii) three (3) business days after being sent by certified mail; (iii) the next business day after being sent by a nationally recognized courier; or (iv) on the same business day on which it is sent by facsimile (or on the next business day, if transmission is completed after 5 p.m., recipient's time). Facsimile notice must be promptly followed by notice given under clause (a), (b) or (c) above. A Party may change its contact and notice information by giving the other Party proper notice of the change in accordance with this but such change shall be effective only when it is actually received. 15.12 Severability If any provision of this Agreement is determined to be unenforceable, the remainder of such provision and the rest of the Agreement will continue in full force, to the extent they are enforceable. 15.13 Subcontractors Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. Motorola shall at all times be responsible to Customer for the performance of all of the obligations contained in this Agreement, a SOW and Appendices. In the event any additional or different subcontractors are requested by Customer, such request must be submitted in writing to Motorola who will not unreasonably refuse such request. Any resultant change may result in a modification to the contract price and /or schedule and will be reflected in an Amendment pursuant to Change Order Procedure. 15.14 Publicity. The parties will not publicize the existence of this Agreement (whether in a press release or other disseminating medium), nor disclose to any third party the Services or Deliverables, without the other Party's prior written consent (e.g., in advertising, customer lists, or sales /marketing materials). Notwithstanding, disclosure required to comply with the North Carolina Public Records Act shall not be considered a violation of this provision. 15.15 Force Majeure. Force Majeure means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). Motorola will not be liable for its non - performance or delayed performance if caused by a Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Service schedule for a time period that is reasonable under the circumstances. Force Majeure shall not relieve Customer of its payment obligations. 15.16 No Waiver; Cumulative Remedies A Party's waiver of any right under this Agreement is effective only if in writing. A Party's specific waiver will not constitute a waiver by that party of any earlier, concurrent or later breach or default. Unless expressly otherwise provided in this Motorola Solutions, Inc. Device Management Agreement- Confidential 10/14/14 Page 16 Attachment number 1 G -2 Page 338