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The Service Provider,shall perform the System Inspection during the 24-month period of this contract at: <br /> 6-month intervals X and/or 12-month intervals Other intervals <br /> The Service Provider shall notify the owner in writing if any improper system operation cannot be remedied at the time of <br /> servicing. During system servicing the Authorized Service Provider shall make provisions for any needed effluent quality <br /> analysis such as color,turbidity,scum,and odor. <br /> The Authorized Service Provider shall be responsible for submitting the Annual Report and Annual Evaluation Fee to the <br /> appropriate Regulatory Agency as required. The Annual Evaluation Fee set by Regulatory Agency is not included in the <br /> cost of basic services and shall be paid to the Authorized Service Provider within 10 days of receiving the Invoice for said <br /> fee. <br /> 2.0 Term of Agreement <br /> This Agreement shall be for the period of 24 months. <br /> 3.0 Charges <br /> The charges,which the Customer shall pay Service Provider for,the performance of Services shall be as described in <br /> SCHEDULE A. Service Provider may increase all or any of the charges for those Services described in Schedule A by <br /> giving the Customer written notice at least thirty(30)days before each yearly anniversary of the Effective Date of this <br /> Agreement. <br /> 4.0 Warranty <br /> Service Provider warrants that all Services shall be performed in a good and workmanlike manner and that Service Provider <br /> will correct defects directly caused by Service Provider's failure to perform the Services and Additional Services in such <br /> manner. <br /> 5.0 Limitation of Liability <br /> The sole liability of Service Provider under this agreement shall be to correct any errors,malfunctions or defects in the <br /> system directly caused by Service Provider's failure to perform any services in a good and workmanlike manner pursuant to <br /> Section 4 above;provided,however,in no event shall Service Provider's liability to the Customer hereunder exceed the total <br /> of the amounts paid to Service Provider hereunder by the Customer.In no event shall Service Provider be liable to the <br /> Customer or any third-party claimant for any indirect,special,punitive,consequential or incidental damages or lost profits <br /> arising out of or related to this Agreement or the performance or breach thereof,whether based upon a claim or action of <br /> contract,warranty,negligence or strict liability or other tort,breach of any statutory duty,indemnity,or contribution or <br /> otherwise,even if Service Provider has been advised of the possibility of such damages. <br /> 6.0 Termination/Cancellation <br /> This Agreement may be terminated or canceled upon: <br /> • Written notice by one Party effective as of the effective date thereof if the other Party is in default of any provision <br /> of this Agreement and such default is not cured by the defaulting Party within fifteen(15)days after the effective <br /> date of said notice from the non-defaulting Party or by the mutual written agreement of both Parties. <br /> 7.0 Miscellaneous Provisions <br /> This Agreement is personal in nature and may not be delegated,assigned or transferred by either Party without the prior <br /> written consent of the other Party. <br /> The laws of the State of Oregon shall govern this Agreement. <br /> Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be <br /> mailed by certified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on the <br /> first page of this Agreement.Any notice or other communication shall be deemed given at the expiration of the second day <br /> after the date of deposit in the United States mail.The addresses to which notices or other communications shall be mailed <br /> may be changed from time to time by giving written notice to the other Party as provided in this Section. <br /> 2 <br />