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2019-642-E Visitors Bureau - PhotoShelter cloud based software
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2019-642-E Visitors Bureau - PhotoShelter cloud based software
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Last modified
9/19/2019 9:05:40 AM
Creation date
9/19/2019 8:48:18 AM
Metadata
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Template:
Contract
Date
9/5/2019
Contract Starting Date
9/20/2019
Contract Ending Date
9/19/2021
Contract Document Type
Agreement - Services
Amount
$11,498.00
Document Relationships
R 2019-642 Visitors Bureau - PhotoShelter cloud based software
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2019
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DocuSign Envelope ID:576DD5DB-E4A9-406B-8F7C-CC4EF3C2484F <br /> Exhibit 1 <br /> JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THE FOREGOING MAY <br /> NOT APPLY. <br /> 12. MISCELLANEOUS. <br /> 12.1. Governing Law. Any disputes arising out of or relating to this Agreement or use of the Services <br /> shall be resolved in accordance with the laws of the State of New York, without regard to its conflict of <br /> law rules. PhotoShelter and the Client hereby consent to the state and federal courts of New York, New <br /> York for all disputes arising from or relating to this Agreement or access to or use of the Site and/or <br /> Services. <br /> 12.2. Entire Agreement. This Agreement constitutes the entire agreement between Client and <br /> PhotoShelter with respect to the subject matter hereof. This Agreement replaces all prior or <br /> contemporaneous understandings or agreements,written or oral, regarding the subject matter hereof. <br /> 12.3. Assignment. This Agreement and the rights and obligations hereunder may not be assigned, <br /> in whole or in part, by either party without the other party's written consent, not to be unreasonably <br /> withheld. However, without consent, either party may assign this Agreement to any successor to all or <br /> substantially all of its business or assets which concerns this Agreement (whether by sale of assets or <br /> equity, merger, consolidation or otherwise). This Agreement shall be binding upon, and inure to the <br /> benefit of,the successors, representatives and permitted assigns of the parties hereto. <br /> 12.4. Notice. Any notice that is required or permitted by this Agreement shall be in writing and shall <br /> be deemed effective upon receipt,when sent by confirmed e-mail to support@ photoshelter.com or when <br /> delivered in person by nationally recognized overnight courier or mailed by first class, registered or <br /> certified mail, postage prepaid, to, 33 Union Square West; 2nd Floor; New York, NY 10003 (in the case of <br /> PhotoShelter) or to the email address or physical address, as applicable, set forth on an applicable Order <br /> Form (for Client). <br /> 12.5. Modification and Waiver. No change, consent or waiver under this Agreement will be binding <br /> on either party unless made in writing and physically signed by an authorized representative of such party. <br /> The failure of either party to enforce its rights under this Agreement at any time for any period will not <br /> be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a <br /> waiver of any other right or remedy. <br /> 12.6. Interpretation. Headings used in this Agreement are for convenience only and have no legal <br /> or contractual significance. <br /> 12.7. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, <br /> that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will <br /> otherwise remain in full force and effect and enforceable. <br /> 12.8. Remedies. Except as specifically provided otherwise herein, each right and remedy in this <br /> Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the <br /> GDSVF&H\2068506.9 <br />
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