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(~~rd=~~iY~~ <br />~ OFFICE OF THE TOWN CLERK <br />`PERMITS'Plus ®VERSION AGR L"~ 1/ ~ L'~,`~ ~ <br />AGREEMENT BETWEEN IHH <br />ORD <br />Accela, Inc., hereinafter referred to asAccela, and the Town of Los Gatos CA hereinafter referre o a <br />REC <br />Executed this ~, day of ~' , 2001. <br />User must execute this agreement and return to Accela by Aoril 15"', 2001 to.B~~. x~ QU <br />RECITALS 5'L~ (~ ffG~ ~9~~ O S~/ <br />Accela provides the `PERMITS' Plas ®System, hereinafter referred to as "Software". 6.y,~-~iu ~ L~~~iYc" L <br />Accela provides this "SOFTWARE" and licenses'its use. <br />Customer Town of Los Gatos <br />Address 110 E. Main St. <br />City/State/Zip Los Gatos, CA 95032 <br />Product Name `PERMITS'P[us <br />Accela'Reference WIN01 <br />Release No. 03 or Higher <br />No. of Licenses 20 <br />License Fee $ 8,225.00 (Basic Migration Services and ShippinglHandling) <br /> {Using Access Database) (Includes 'PERMITS' Workflow'") <br /> ($ 8,225.00) (Basic Migration Services and ShippinglHandling -WAIVED) <br /> $10,000.00 (VelocityHall) <br /> $12,000.00 (Metroscan Interface) <br /> $ .1,760.00 (Sales/Use Tax- 8.00%) <br /> $23,760.00 TOTAL* <br /> *CONTINGENT UPON THE TOWN UPGRADING FROM'PERMITS'Premier'" MAINTENANCE <br /> TO'PERMITS' Gold's MAINTENANCE ON THE'PERMITS'~ PLATFORM. <br />TERMS AND CONDITIONS OF AGREEMENT <br />BETWEEN ACCELA AND USER <br />GENERAL CONDITIONS OF `PERMITS'Plus ®LICENSE <br />A1.00. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement, <br />A2.00. MODIFICATION. No modification or variation of#his Agreement shall be valid unless in writing signed by both,parties, <br />A3,00. SEVERABILITY. If any provision of this Agreement shall lie construed to be illegal or invalid, the .legality or validity of any other provision <br />.hereof shall not be affected thereby, Any illegal or'invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have <br />the broadest scope permissible under the law of said Jurisdiction, and if no validating construction is possible, shall be severable, and all other <br />provisions hereofshall remain in full force and effect. <br />A4.00. DELAYS. <br />;01. Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the "Software" or any <br />component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements, <br />acts of nature, acts of civil or military authorities, acts of the other party which are not provided for in this Agreement and-which cause unreasonable <br />delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or <br />any other causes beyond the reasonable or actual control of the party. Each,party's schedule of performance shall be extended by a period of time <br />equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration, <br />within five (5) daysof the time the party has actual knowledge of such delay. <br />.02. Notwithstanding the foregoing, in every case, the delay or failure to perform must be beyond the control, .and without the fault or <br />negligence of, the party claiming excusable delay. <br />GosGatos_migl.doc <br />USER ACCELA, lNC.~ <br />