2000 S ERCD - Geo-Base/Land Management and Permit Information Tracking System

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.01.Accela warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated hereby and that this Agreement is not in conflict with any other Agreement to which Accela is a party or by which it may be bound. .02.Accela believes the"Software"to be accurate and reliable.Much care has been taken in its preparation;however,except as provided in A11100.03,the"Software"is provided"as is!',without warranty of any kind,either expressed or implied,except as provided in.03.below. In no event, Will Accela be liable to User or any other party for damages,including lost profits,lost savings or other incidental or consequential damages arising out of the use or inability to use the"Software". .03.The'Software"provided by Accela under this Agreement is warranted to be free from reproducible defects for a period of 180 days from the execution of this agreement. All material and labor to repair any such defects will be provided free of charge for the full warranty period. This warranty is void if: (a)The"Software is used in other than its normal customary manner, (b)A"Software"has been subjected to misuse; (c)A"Software"has been subjected to modifications initiated by the customer without the express prior consent and written approval of Acosta. .04.The"Software"is year 2000 Compliant and will meet all specifications identified in our manuals. A14.00.WAIVER. .01. It is expressly understood and agreed that no waiver granted by User for any violation of any covenant, term or condition of this Agreement shall be construed to constitute a waiver of the same or any further violation without the prior written approval of the User. A15.00.RESOLUTION OF DISPUTES. .01. It is anticipated that disputes between Accela and the User will be resolved between the parties. Disputes or questions of interpretation may be referred to a committee composed of representatives from Accela and the User. The parties agree that in attempting to resolve disputes they will act promptly,reasonably and in good faith. A16.00. NOTICE. All notices, requests demands and other communication shall be in writing and sent by registered mail, certified mail or hand delivery,addressed to the party's principal place of business herein written. Either party may by notice in writing,direct that future notices or requests,or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. ACCELA,INC. Accela,Inc. 1731 West Walnut Avenue Visalia,California 93277 USER The County of Orange PO Box 8181 Hillsborough,NC 27278 User hereby acknowledges that User has read this Agreement,understands it and agrees to be bound by its terms and conditions. User further agrees that it is the complete and exclusive Nreement between User and Accela relating to the subject matter of this License. User acknowledges receipt from Accela of a true copy of this ment ACCELA,INC, By: — Typed: Robert Ausherrnan,President for Accela,Inc. 1731 West Walnut Avenue Visalia,California 93277 USER By. Typed: The County of Orange PO Box 8181 Hillsborough,NC 27278 0rangeCo-NC-Iic4doc 4 USER ACCELA,WC.