Laserfiche WebLink
27. DISPUTE RESOLUTION <br /> Upon the written request of a party, the project managers will meet, in person or by teleconference, <br /> to discuss the problem and negotiate in good faith in an effort to resolve the dispute . If the project <br /> managers cannot resolve the dispute within ten ( 10) business days, the dispute shall be escalated to <br /> the Vice President of Operations of Sequoia, the Supervisor of Elections of Indian River County, and <br /> the Indian River County Assistant County Administrator for review and resolution. Except where <br /> clearly prevented by the area in dispute, the parties agree to continue performing their respective <br /> obligations under this Agreement while the dispute is being resolved unless and until such <br /> obligations are suspended, terminated or expire in accordance with the provisions hereof. <br /> 28. RELATIONSHIP OF THE PARTIES <br /> Customer and Sequoia agree that under this Agreement: <br /> A . Both parties are independent of each other; <br /> B . Neither party is a legal representative, agent, employee, or partner of the other; <br /> C . Neither party will represent or act on behalf of the other, unless previously mutually agreed to <br /> in writing; and <br /> D. Sequoia remains free to enter into similar agreements with others and to market its products <br /> and services to others. <br /> 29. NO THIRD PARTY BENEFICIARIES <br /> Sequoia and Customer agree that this Agreement is not intended to confer any rights or benefits on <br /> any third party, and that there are no third party beneficiaries of this Agreement or any part or <br /> specific provision of this Agreement, and no third party shall have any right to enforce this <br /> Agreement or any provision hereof. Anything herein to the contrary notwithstanding, Customer may <br /> loan Equipment within the County of Indian River, Florida to municipalities, special districts, home <br /> owner associations, or other entities that currently utilize the voting machine and equipment as <br /> approved by the SOE. <br /> 30. COMPLIANCE WITH LAW <br /> Sequoia warrants that the Product complies with all applicable laws and governmental regulations <br /> ("Laws") existing and in effect on the date of this Agreement ("Current Laws") . If in the future Current <br /> Laws are changed or interpreted or enforced in a manner not in effect on the date of this Agreement, or <br /> if new applicable laws should be enacted (all of the foregoing being collectively referred to as "Future <br /> Laws"), Sequoia shall not be obligated to cause the Equipment to comply with Future Laws. <br /> Notwithstanding the foregoing, Sequoia will cause the Equipment to comply with Future Laws, but only <br /> if (i) Sequoia deems changes to the Equipment are necessary to comply with Future Laws to be <br /> technically and commercially feasible and (ii) Sequoia receives as compensation for such changes in an <br /> amount acceptable to Sequoia. All modifications of the Equipment shall constitute Development <br /> Intellectual Property Rights owned by Sequoia pursuant to Paragraph 17 hereinabove. <br /> 31 . NO TRANSFER <br /> A. The Customer agrees that (i) the Equipment consists of and contains trade secrets and other <br /> proprietary and confidential Intellectual Property Rights (as defined in this Agreement) that are <br /> the sole and exclusive property of Sequoia, and (ii) the Customer is prohibited by this <br /> Agreement from in any way transferring, assigning, or otherwise conveying to any third party <br /> 10 <br />