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DocuSign Envelope ID: DA019459-39F3-45AD-8430-92342948DC63 <br /> CELIGENT <br /> BUILDING DATA. EVERYWHERE. <br /> 10. Section 3.6. of the General Terms and Conditions, under"Fees and Payment"—Shall be stricken in its entirety. <br /> 11. Section 3.7. of the General Terms and Conditions, under "Fees and Payment"—Shall be stricken and replaced with <br /> the following: <br /> Subscriber may request Users to have access to the CDX Service in addition to the number of Users set forth on <br /> page 1 of this Agreement, on the terms described herein. Subscriber will request additional access via email and <br /> sign Amendment B of this agreement requesting and approving the additional users. Xceligent will immediately <br /> provide access, and automatically bill Subscriber at the then monthly rate per additional user on the next <br /> applicable invoice. Should subscriber pay annually, Xceligent will provide a supplemental invoice, for monthly <br /> prorated fees, for the additional users for the remainder of the term. <br /> 12. Section 3.8. of the General Terms and Conditions, under "Fees and Payment" —Shall be stricken and replaced with <br /> the following: <br /> If Subscriber's account is thirty (30) days or more overdue then, in addition to any of its other rights or <br /> remedies, Xceligent reserves the right to suspend Subscriber's access to the CDX Service until such amounts are <br /> paid in full. Regardless of non-payment, the fee for the current term shall remain in accordance with the <br /> Subscriber agreement. <br /> 13. Section 4.1 of the General Terms and Conditions, Under "Term and Termination"— Removal of second sentence, <br /> i.e. the auto-renewal clause. <br /> 14. Section 4.2 of the General Terms and Conditions, under "Term and Termination" — Shall be stricken and replaced <br /> with the following: <br /> Either party may provide notice of termination of this Agreement and exercise its rights and remedies provided <br /> in this Agreement and by law in the event of a material breach by the other party which remains uncured after <br /> thirty (30) days written notice of such breach. The cure period will not apply to any breach by Subscriber of <br /> Sections 5.2 or 7.1 of this Agreement. Additionally, Either Party shall not have more than two (2) notice and cure <br /> opportunities in any twelve (12) month period. <br /> 15. Section 4.5 of the General Terms and Conditions, under "Term and Termination" — Shall be stricken and replaced <br /> with the following: <br /> Upon expiration or termination of this Agreement (a)all rights granted to Subscriber under this Agreement will <br /> cease, except the following Sections of this Agreement will survive: 2,3.1, 3.2, 7, 8, 10 and 11. (b) Subscriber shall <br /> immediately pay all amounts owed under this Agreement, and (c) Subscriber shall and shall cause all of its User's <br /> to cease using the CDX Service and no longer utilize and promptly destroy all Database Content not entered into by <br /> Subscriber or Subscriber's Users received hereunder as allowed for under North Carolina's public records law, set <br /> forth at Chapter 132 of the North Carolina General Statues, local Record Retention Schedules and as described in <br /> Section 7. Xceligent agrees to indemnify and hold harmless Subscriber and its officers, employees and agents from <br /> all costs, damages, and expenses incurred in connection with any destruction. <br /> 16. Section 5.1 of the General Terms and Conditions, under"CDX Service"—Shall be stricken in its entirety. <br /> Docu5igned by: c-^^^DocuSigned by. <br /> SUBSCRIB R LL XCELIGENT In•..i,,._ <br /> By: gig <br /> By <br /> Bonnie Hd 2�rsle Glenn^soendker <br /> Name(Print): y Name(Print): <br /> Title: County Manager Title: CAO/Asst . Secretary <br /> Date: 7/8/2016 Date: 7/6/2016 <br />