AG 2002 04 15 (Regular) - Laserfiche WebLink

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~3/1§/2002 12:22~ 704-?@8-00§8 HARTSELL & WHITE PAGE i c) Renewal Term. There shall be an option for Technologies to renew this Agreement (except for the payment terms herein from Technologies to Cabarrus, which shall :'be adjusted to allow for then current market condition~ and shall be negotiated by the part'les at least 180 days in advance of the Renewal Term, with final resolution of such issues at least 90 days in advance of the Renewal Term) for an additional five year period, upon receipt by Cabarrus of written notification from Technologies of its desire to do so, no later than by December 31, 2006. 2. Termination of Agreement. Notwithstanding any other terms or conditions of this Agreement, Cabanas shall have the right to terminate this Agreement mediately for cause. For purposes of this Agreement, termination will be 'deemed to be "for cause" if based upon the commission by Technologies of an act that, in the reasonable~judgxnent of Cabarrus,, ~ihas! materially and adversely affected thc good business reputation of Cabarrus; any breach of representation or warranty of Technologies hereunder, Technologies 'miSappropriation of Cabarrus's funds or property; Technologies failure to comply withlany'reasonable directive established from time to time by Cabarrus and such failure continues Ifor a period of at least thirty (30)'days after Technologies receives written notice, from CabarruS of such failure which describes such failure with reasonable particularity.: Furthermore, Cabarrus shall have the fight to inunediately terminate this Agreement for Technologies performance deficiencies. For purposes of this A~eement, and except as specifically provided herein, termination for performance deficiencies may be made upo~ 15 days written notice by Cabarrus to Technologies.. The County reserves the right to t,e...r~.~ in, ate the agreement upon thirty (30) days prior written notice in the event a lack of adequate performance of ticketing services provided by Etix as described in the December ~ ,' 2001 proposal and agreed to by both parties. Cabarrus a~ees that any initial determination of "for cause" will be made only in good faith and not arbiu:arily or capriciously: ~ In the event Cabarms exercises it right pursuant to this section, Technologies'. agrees that Cabarrus will not be responsible for any further payment, except as spe.eifigally provided herein. Upon the early termination of this Agreement pursuant to this se. etion, Cabarrus shall pay to Technologies all commissions due if any as of the date of such termination. Technologies may terminate this Agreement upon Caban'us' material breach of this Agreem,ent, which breach remains uncured for a period of at least thirty (30) days after Cabarru~'. ~:gceipt of written notice from Technologies. This fight includes, without limitation, Cabarrus' failure to provide prompt payment when due. 3. Performance Evaluations. Notwithstanding other terms or conditions herein, Technologies and Cabarrus agree that they will mutually elevate Technologies progress and perforn~..ance every sixty (60) days. Following 60 days from the effective date of this Agreement, Cabarrus retains the right in it sole discretion to terminate this Agreement ~ith or without cause upon thirty days notice.