AG 1999 06 21 - Laserfiche WebLink

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For the Contractor: Cott Systems, Inc. Attention: Mr. Perry Brown, Division Manager P.O. Box 32097 Charlotte, North Carolina 28232 212 North McDowell Street, Suite 212 Charlotte, North Carolina 28204 14. Construction. This Agreement shall be construed by and interpreted in accordance with the laws of the State of North Carolina, except with regard to the User Software License Agreement (Attachment B, Section 16(g)) and the Source Code Escrow Agreement (Attachment C, Section 18.4). 15. Liquidated Damaqes. By execution of this Agreement, the Contractor hereby assures and confirms its intention and ability to perform the services required to complete the Project and provide the System pursuant to the terms of this Agreement, not later than December 1, 1999, or such later completion date as may occur pursuant to the terms of this Agreement ("the Completion Date"). For purposes of this Agreement, the phrase "Contract Year 2000 Compliant" shall mean that all major components and major system functions shall be fully functional in the year 2000 environment as they are in the 19xx environment. Both parties agree that in some limited instances, a 2 digit year may be used, for display purposes only, when it is evident that the same century is applicable, as specifically stated in the response under exceptions to the RFB, page 3, Year 2000 Compliance, second paragraph. Contractor and County hereby agree that not later than the Completion Date, Contractor shall demonstrate to the satisfaction of the County, according to the procedures contained herein, that the System is Contract Year 2000 Compliant. In the event Contractor is unable to demonstrate a fully functional, installed, Contract Year 2000 Compliant System upon the completion date, County, at its election, may demand and Contractor shall pay upon demand, $100.00 per day that the System is not Contract Year 2000 Compliant, upon written notice by the County to the Contractor. Prior to December 1, 1999, no such liquidated damages shall accrue until 30 days after such notice in order to afford Contractor an opportunity to cure such defect. In the event the System is not Contract Year 2000 Compliant after January 1, 2000, County, at its election, may demand in writing and Contractor shall pay upon such demand, $1,000.00 per day that the System is not Contract Year 2000 Compliant. 16. Entire A.qreement. These terms and conditions of this Agreement and document specifically incorporated herein by reference constitute the entire agreement between the parties with regard to the subject matter hereof. No prior communications, 9