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2024-271-E-Risk Mgr-ClearRisk-Incident management system
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2024-271-E-Risk Mgr-ClearRisk-Incident management system
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Last modified
5/28/2024 9:28:51 AM
Creation date
5/28/2024 9:28:39 AM
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Contract
Date
5/13/2024
Contract Starting Date
5/13/2024
Contract Ending Date
5/15/2024
Contract Document Type
Contract
Amount
$2,400.00
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-13 - <br />Any notice or other document if delivered shall be deemed to have been received by and given to the <br />addressee on the date of delivery, and if given by email shall be deemed to have been received by and <br />given to the addressee on the next Business Day following the day of sending. Any Party may at any time <br />give notice in writing to the others of any change of address for these purposes. In the event of actual or <br />threatened postal interruption in Canada or the United States, no such notice shall be deemed to have been <br />received until it has in fact been received by the Party for whom it is intended. <br />16.8 Email Notifications. From time to time, ClearRisk may use a third party application for data submission and <br />such application provides email notifications to Customer related to Customer’s input of data into the <br />ClearRisk Service. Customer is responsible for ensuring that Customer’s email address is accurate and <br />complete and that such information remains current at all times during the Term. In order to ensure <br />successful delivery of such email notifications, Customer is advised to add IP address 35.169.190.25 <br />hostname infra-mail.formassembly.com or such other domains provided by ClearRisk to Customer’s safe <br />senders list to prevent email messages from being moved to Customer’s junk or spam folder. ClearRisk is <br />not liable for any damages whatsoever caused by or resulting from the unsuccessful delivery of email <br />notifications to Customer as a result of email notifications being directed to spam or junk filters, incorrect <br />email addresses, incorrect email addresses, or other acts or omissions of Customer. <br />16.9 Governing Law. This Agreement and all matters arising out of or relating to this Agreement, whether <br />sounding in contract, tort, or statute, are governed by and construed in accordance with the laws of the <br />State of North Carolina and the federal laws of the United States applicable therein, without giving effect to <br />the conflict of laws provisions thereof to the extent such principles or rules would require or permit the laws <br />of any jurisdiction other than the State of North Carolina to apply and each of the Parties hereby irrevocably <br />attorns to the exclusive jurisdiction of the courts of such State. The application of the United Nations <br />Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded and <br />does not apply to this Agreement. <br />16.10 Severability. The invalidity or unenforceability of any provision or part of any provision of this Agreement <br />shall not affect the validity or enforceability of any other provision or part thereof, and any such invalid or <br />unenforceable provision or part thereof shall be deemed to be separate, severable and distinct, and no <br />provision or part thereof shall be deemed dependent upon any other provision or part thereof unless <br />expressly provided for herein. <br />16.11 Currency. All dollar amounts referred to herein refer to lawful money of the United States of America. <br />16.12 Enurement. This Agreement and everything contained herein shall enure to the benefit of and are binding <br />upon each of the Parties hereto and their respective successors and permitted assigns. <br />16.13 Entire Agreement. This Agreement, including the schedules attached hereto or terms, agreements or <br />documents referred to herein, is the entire agreement between the Parties made to date regarding the <br />subject matter and supersedes any prior agreements or understandings between the Parties relating to its <br />subject matter. No modification or variation of this Agreement shall be effective unless in writing signed by <br />the Parties. <br />Signature, Counterparts, and Delivery. This Agreement may be signed electronically, including through DocuSign <br />and similar applications. This Agreement may be signed in any number of counterparts (including counterparts by <br />scanned or electronic signature) and each counterpart will be deemed an original; taken together, all counterparts <br />will be deemed to constitute one and the same instrument. Delivery of a printed counterpart (whether or not the <br />counterpart was signed electronically) or electronic delivery (including by email transmission or transmission over <br />an electronic signature platform) of an executed counterpart of this Agreement are each as valid, enforceable and <br />binding as if the signatures were upon the same instrument and delivered in person. <br />IN WITNESS WHEREOF the signature of a duly authorized director of each of ClearRisk and Client were hereunto <br />affixed in accordance with their rules and regulations in that behalf contained, the day and year first before written. <br />DocuSign Envelope ID: BD441C19-1E7C-4FDE-8321-A4585AF240A5
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