Laserfiche WebLink
shall fail to keep , observe or perform any of the terms or covenants <br /> contained in this Agreement or any previous agreement with FCT and has <br /> not cured such in timely fashion, or is unable or unwilling to meet its <br /> obligations thereunder ; <br /> b . If any material adverse change shall occur in the financial condition of the <br /> Recipient at any time during the term of this Agreement from the financial <br /> condition revealed in any reports filed or to be filed with FCT, and the <br /> Recipient fails to cure said material adverse change within thirty (30) days <br /> from the date written notice is sent to the Recipient by FCT ; <br /> C , If any reports or documents required by this Agreement have not been <br /> timely submitted to FCT or have been submitted with incorrect, <br /> incomplete or insufficient information . <br /> d . If the Recipient fails to perform and complete in timely fashion any of its <br /> obligations under this Agreement . <br /> 2 . Upon the happening of an Event of Default, FCT may , at its option , upon thirty <br /> (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the <br /> Recipient ' s failure to timely cure , exercise any one or more of the following remedies , either <br /> concurrently or consecutively , and the pursuit of any one of the following remedies shall not <br /> preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or <br /> in equity : <br /> a. Terminate this Agreement, provided the Recipient is given at least thirty <br /> (30) days prior written notice of such termination . The notice shall be <br /> effective when placed in the United States mail , first class mail , postage <br /> prepaid, by registered or certified mail-return receipt requested , to the <br /> address set forth in paragraph V . 2 . herein ; <br /> b . Commence an appropriate legal or equitable action to enforce <br /> performance of this Agreement; <br /> C . Withhold or suspend payment of all or any part of the FCT Award ; <br /> d . Exercise any corrective or remedial actions , including , but not limited to , <br /> requesting additional information from the Recipient to determine the <br /> reasons for or the extent of non- compliance or lack of performance or <br /> issuing a written warning to advise that more serious measures may be <br /> taken if the situation is not corrected ; or <br /> e . Exercise any other rights or remedies which may be otherwise available <br /> under law, including, but not limited to , those described in paragraph IX . 3 . <br /> 04-025-FF4 <br /> November 24, 2004 <br /> Reimbursement <br /> - 17 - <br />