Agenda - 03-20-2001-8c - Laserfiche WebLink

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03/12/2001 11:41 9196621152 LEGFICY 14 4.s if any tirtae period within ~ dads by whkh any of CAl~tll.TMri"s setvkes are to be performed is exceeded for reasons outside of COCi5U1.TAi'R"9 reasonabie control, an rates, measwes and amounts of corrrpensagora and' the lime for oompietlon of perfannance shall tae subject tv equitable went. AR1ICJ,L !!. COt'Q'm©'ltilU.nY 5. t The C.DPISULTAPff and the CLF.TR' (including the ernplvyees, officers, agents, and dlr+ectQrs of the respective parties) shall treat as confldentlal and proprietary, aaad wfil oat disclose to otlaerm durl[tg a subsequent GD the tEma of this erg,. except a9 b n~agr m petfarm the work under this Agreement, any information whether vetgdl or wHt#en, of any descriptimr whatsoever, (lnciudlrtg arty technlcat InfarmAtiort, experleatce• ar dal regarding eMher party's plena. progrartts, plants, proc~esaea, products, casts, equipment. or operations whtet- m2~y come within floe knowbadge of the partlea In the p+erfc~mance of ibis _,~~r,t- rvttltot~t- fK each itastance securing flat pHar written canserrt of the other party. Mothlrag captained withba thus Article shall prevent either party (Yom dlsdasing to others, ar using hn any ma~rutet, h>Fonttatton which has been published and has became part of the publk domain other than by acts, drrrfssiorra. or fault of either party; has been fiufrr~iaed or made known tQ either patty by third parties dlreclJy of ind{rccifJy: or was developed ~ependentq~ by eittrer party. S.2 In the event that either party shall be required by subpoena, court. ~ achtdeal~ratlve order to dLsr~ose airy of the infamatlan deemed by this Agrtement to tx confldendat and/or prrrprletary• that party shalt give immediate written notlce.to the other party. Upon receipt of the notice. the petty whose lnforrttatbn trey be dbcloscd shall have the right to interpose all otajccttons bo the diactasure as long ~; those Interpasntons do nd pr4,judiae the position or rigirfs of the col~n,TArrr. Ntt~. a w~cttY 8. ] 11a perforrrtlr~ services. COt~18111.TA1'lT agrees to exetct9c pt+ofessiotrad Judgment trade on the laas~ of the InfarrtaarJan avanable to CO['i9LfLRTACR. and fo use the carne degree of care and stdli ordlnartly exerdsed In sgttgair ~nuut>~attoes by reputable ~ pertomtMg comparal>Ae eetvlces. This standard aL cote shaft be judged as of the tUme and plant the sexvim art rendered. and nd accordhrg to Iater starrdar~. itrass~onatxe people may disagree on rrratt~ers involving professional Judgrrre~rt acrd, accordingly. a dlff'enence of ophtior- an a question of professional judgrraent sttadl rrat excuse CLIEIYI' fnxn paying for services rendered or result in to CA['LSULTAI![I'. 6.~ if any (allure to meet the foregoing Warranty appears within six (ti) months from the date of compktfivn of the Services and COl'651J4TAiY[' is prampt~jr uatlfled ttua~eof In wriWtg. COIYSULTAfff will. ~ R9 optlm and expense re•perform the nonconfarmirrg work or refund the amount of compe:rsatian p~ to CQ@i~ULTAPfC far such noncanFonning services. In no event ataall CAl"~-Ii.TAI"fl' be r+equdt~l to ter the c~ of gaWng accrss in order to perform its Waet!attty ~ 6.3 The Earegolttg wa~nty Is aateltrshre attd its Ilea of all other watrautdes, Whether written. oral. Implied or statu(oory, tnclud6'p any warrartgr of merrhantabiilly. Consuitamt does nd warrant any prnduets or services of others designated by client. ARiTCiLr 7. R~C111A1'lCL 7.1 CAHSULTAlY1' rvitl proctors and ~ Itrsurance as described below. At a mWmum, COi'iSULTA('!T will have the follawtng coverage: PhpE 3 of 6