Laserfiche WebLink
ay <br /> 6. CHARGES <br /> Charges for services provided under this Agreement are invoiced on an annual basis and are payable by Purchaser upon <br /> receipt of invoice. All other charges hereunder are likewise payable by Purchaser on receipt of invoice. Invoices shall <br /> be paid pursuant to the local government Prompt Payment Act. Florida Statute 218 . 70 — 218 . <br />79 as applicable. <br /> Furthermore, Replay ' s obligations hereunder during the Term, and during any renewal thereof, shall commence only <br /> after receipt of full payment by Purchaser of the invoice for said "Term , and Replay may suspend service <br />hereunder <br /> during any period in which payment of any invoice is delinquent. If the continuity of coverage under this Agreement <br /> (or between the date of termination of the original manufacturer ' s warranty and the date of commencement of the initial <br /> Term of this Agreement) is interrupted or suspended due to non -receipt of payment from the Purchaser, or for <br /> any <br /> reason other than an action or omission on the part of Replay, Replay may require an on-site <br /> evaluation of the <br /> Equipment to determine the condition of the Equipment before continuation of this Agreement goes into effect. The <br /> cost of parts, labor, and travel to conduct such an evaluation , and all expenses incurred in order to return the Equipment <br /> to serviceable standards of operation as deemed necessary by Replay, will be responsibility of Purchaser. <br /> 7. OPTION TO REPLACE <br /> Purchaser shall have the option, at any time during the Term hereof, to replace the Equipment by purchasing <br /> from <br /> Replay such replacement equipment (if any) as may be then-offered by Replay . Should Purchaser exercise said option, <br /> ( a) Replay shall sell such replacement equipment to Purchaser at a discount of twenty percent (20%) off of Replay ' s <br /> then -published prices for same, (b) this Agreement shall remain in effect, but shall be tolled during <br /> the original <br /> manufacturer ' s warranty period for the replacement equipment (if any), and (c) Appendix 2 hereof shall be deemed <br /> amended to substitute the replacement equipment for the equipment replaced . <br /> 8 . GENERAL <br /> a . Replay ' s obligations hereunder are subject to delays caused by labor difficulties ; fires ; <br /> casualties and <br /> accidents; acts of the elements; acts of a public enemy ; transportation difficulties; inability to obtain <br /> its <br /> equipment materials, or qualified labor sufficient to fill its orders; government interference or regulations; <br /> and other causes beyond Replay ' s control . <br /> b . Any or all of Replay ' s rights or obligations under this Agreement may be assigned by Replay with notice to <br /> the Purchaser, and, on such assignment, Replay shall be release of all obligations hereunder, <br /> which <br /> obligations shall be the responsibility of the assignee thereof. <br /> C , Replay reserves the right to modify or delete any term of this Agreement effective as of any anniversary date <br /> of the Agreement by giving at least thirty (30) days prior written notice to Purchaser. Purchaser may then <br /> elect to accept the Agreement with such modification (s ) or deletion( s), or to terminate the <br /> Agreement. <br /> Failure by the Purchaser to terminate this Agreement in writing within the thirty (30 ) day notice period shall <br /> signify acceptance of the Agreement as amended . <br /> d . This agreement may be entered into and/or modified only by Replay ' s President and an <br /> authorized <br /> representative of Purchaser. Purchaser represents and warrants that the person executing this Agreement on <br /> behalf of Purchaser is duly authorized to take such action on behalf of Purchaser. <br /> e. LIMITED WARRANTY AND LIMITATION OF LIABILITY. REPLAY ' S LIABILITY TO <br /> PURCHASER HEREUNDER FOR DAMAGES OF ANY NATURE, WHETHER IN CONTRACT OR <br /> TORT, INCLUDING NEGLIGENCE , SHALL BE LIMITED TO, AND SHALL NOT EXCEED, THE <br /> MAXIMUM TOTAL CHARGES PAID OR PAYABLE BY REPLAY SYSTEMS ' INSURANCE <br /> COVERAGE LIMITS THIS IMPLIED WARRANTY AND LIMITATION OF LIABILITY IS IN <br /> LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING <br /> WARRANTIES OF " MERCHANTABILITY " OR " FITNESS FOR A PARTICULAR PURPOSE . " <br /> IN NO EVENT SHALL REPLAY BE LIABLE FOR ANY LOSS OF DATA , NOR FOR LOST <br /> PROFITS, NOR FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. <br /> f No action arising out of or relating this Agreement, whether in contract or tort, including negligence, maybe <br /> be brought by either party more than ( 1 ) year after the cause of action accrues ; provided, however, that any <br /> action for nonpayment may be brought at any time within the applicable statute of limitations period . <br /> ss/replayserviceag. 10 . 7. 03 3 <br /> Revised : 10/20/08 Replay Service Agreement <br /> Level 2 <br />