2006-099 - Laserfiche WebLink

Home Browse Search

Agreement, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the DMS, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent by the DMS. 3. If any reports required by this Agreement have not been submitted to the DMS or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient; 4. If the Recipient has failed, to a substantial degree, to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of a Funding Contingency, then the DMS may, at its option, upon thirty (30) calendar days prior written notice to the Recipient of termination due to a Funding Contingency, exercise its right to terminate this Agreement. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in Paragraph (8) herein. (c) Upon the happening of an event of Default, then the DMS may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the DMS from pursuing any other remedies contained herein or otherwise provided at law or in equity: (1) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination due to an Event of 5-