Orange County NC Website
Browse       Search
DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> Unless required by law, the Library and its employees and agents shall not, during the <br /> term of this Agreement, or at any time thereafter, disclose any information acquired by the <br /> Library pursuant to this Agreement to any third party except as permitted, in writing, by the <br /> Association. <br /> 7. NONCOMPETITION CLAUSE <br /> The Library agrees not to market or sell to members of the Association, any products or <br /> services similar to those covered by this Agreement. <br /> 8. WARRANTY <br /> Association warrants that Association's services will be performed with reasonable care <br /> in a diligent and competent manner. Association's sole obligation will be to correct any non- <br /> conformance with this warranty, provided that Library gives Association written notice within 30 <br /> days after the services are performed or delivered, whichever comes first. The notice will <br /> specify and detail the non-conformance and Association will have a reasonable amount of time, <br /> based on its severity and complexity, to correct the non-conformance. This warranty is <br /> Association's only warranty concerning the services and any Deliverable, and is made expressly <br /> in lieu of all other warranties and representations, express or implied, including any implied <br /> warranties of merchantability, or fitness for a particular purpose, non-infringement, any implied <br /> warranties arising out of association's trade, dealing, or performance or otherwise, all of which <br /> are hereby disclaimed. <br /> Association will not be liable for any special, consequential, incidental, indirect or <br /> exemplary damages or loss (nor any lost profits, savings or business opportunity). Further, <br /> Association's liability relating to this Agreement, DigitalLearn.org and any use thereof will in no <br /> event exceed an amount equal to the fees (excluding taxes and expenses, if any) Association <br /> receives from Library pursuant to this Agreement. Neither party will be liable for any delays or <br /> failures in performance due to circumstances beyond its reasonable control. <br /> 9. TERMINATION <br /> The term of this Agreement shall be from the Effective Date to DATE except in reference <br /> to support obligations, which obligations shall terminate on DATE or such later date as is <br /> mutually agreed upon. <br /> This Agreement may be terminated by either party upon the material breach of this <br /> Agreement by the other party or the negligent, fraudulent or criminal act or omission of the other <br /> party in the performance of its obligations under this Agreement. Upon termination or expiration <br /> for any reason, the Library shall immediately return to the Association all materials issued for its <br /> use pursuant to this Agreement. In the event of termination by Library, the Library shall have no <br /> further obligation to remit payments to Association,provided nothing herein shall be deemed to <br /> be a waiver of such other rights Library may have at law or equity. These obligations will <br /> survive the termination of this Agreement and shall remain in full force and effect. <br /> 10. NOTICES <br /> 3 <br />