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7. TERM. The license granted pursuant to this Agreement shall be effective as of <br />the date of execution by both parties and shall expire on the date which the last patent set <br />forth on Schedule A expires. <br />8. COMPENSATION. For the right to use the Technology in its Facility, Licensee <br />will pay Licensor a Fee of $380,000. <br />a) The Fee is non-refundable and shall be payable as follows: <br />(1) Ninety -Five Thousand Dollars ($95,000) shall be due within ten (10) <br />days of Notice to Proceed to the Contractor awarded the construction <br />contract for the Facility; and <br />(2) Ninety -Five Thousand Dollars ($95,000) upon 50% Completion of <br />the Facility by Contractor; and <br />(3) Ninety -Five Thousand Dollars ($95,000) upon start-up of the <br />Project; and <br />(4) Ninety -Five Thousand ($95,000) upon completion of the 90 day <br />start up of the Facility. <br />b) All payments due to Licensor shall be made in United States currency by <br />check drawn on a Florida bank unless otherwise specified by Licensor. <br />9. TERMINATION. Should Licensor breach this Agreement by failing to pay the <br />fees in accordance with paragraph 8, Licensor shall provide notification of breach to Licensee <br />and demand payment from Licensee. Licensee shall have thirty (30) days or the period set <br />forth by the Local Government Prompt Payment Act (whichever is longer) to cure the breach <br />of non-payment. Failure to do so will result in termination of this License Agreement, <br />10. POST -TERMINATION RIGHTS. Upon termination of this License Agreement <br />as set forth in paragraph 9 above, Licensee shall thereafter immediately cease all further use <br />of the Technology and all rights granted to Licensee under this License Agreement shall <br />forthwith terminate and immediately revert to Licensor. <br />11. NOTICE. All notices and communications sent by either party shall be via <br />certified mail, return receipt requested or by nationally -recognized overnight courier service <br />and shall be effective upon receipt or refusal to accept delivery. The parties' respective <br />addresses are set forth in the first paragraph of this License Agreement and such addresses <br />may be changed by notifying the other party in the manner set forth in this paragraph. <br />12. SEVERABILITY. If any provision hereof is held invalid or unenforceable by a <br />court of competent jurisdiction, such invalidity shall not affect the validity or operation of any <br />other provision and such invalid provision shall be deemed to be severed from this License <br />3 <br />