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16 - Amendment No 3 to Professional Services Agreement with Computer Information Systems - Digi-Ticket E-Citation System
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16 - Amendment No 3 to Professional Services Agreement with Computer Information Systems - Digi-Ticket E-Citation System
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PARIS POLICE DEPARTMENT TEXAS 08-22-2007 <br />LICENSE AGREEMENT #345 <br />uninterrupted. CIS will respond to any reported error condition as specified in <br />Paragraph ❑ below. THERE ARE NO WARRANTIES OF MERCHANTABILITY <br />OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, <br />WHETHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY STATED <br />HEREIN. <br />2. Insurance <br />CIS is an Illinois Corporation and carries General Corporate Insurance with a <br />$2,000,000.00 limit and the User shall receive at least 30 days notice before the <br />insurance agreement may be cancelled for non-payment or otherwise. CIS' <br />coverage also includes Workman Compensation, Automobile Coverage and <br />insurance of Property of Others while housed at CIS. <br />Any Other Insurance requested by the User that is provided by CIS will be at User's <br />expense as long as the Other Insurance remains in force and premiums are <br />received by CIS in a timely fashion. Annual premium renewal payments must be <br />received by CIS from User twenty-one (2 1) days in advance of the premium due <br />date for said Other Insurance. <br />At the User's request, CIS will furnish the User with a Certificate of Insurance <br />naming the User as an Additional Named Insured. <br />C. LIMITATION OF LIABILITIES <br />CIS' liability for damages (regardless of the form of action, whether in contract or tort) shall <br />in no event exceed that amount paid by the User to CIS during the preceding twelve (1 2) <br />month period for the specific System as to which the claim(s) arose. Under no <br />circumstances shall CIS be liable for indirect, special, exemplary, incidental or <br />consequential damages, including, but not limited to, loss of anticipated savings or profits, <br />loss resulting from business or operations disruption, loss of records or information, or <br />effects on services, persons and other systems even if CIS knew or should have known or <br />had been advised of the possibility of such damages. No action, whether based on <br />contract, strict liability or tort, including any action based on negligence, arising out of the <br />performance of services under this Agreement, may be brought by either party more than <br />one (1) year after such cause of action accrued, except that an action for non-payment <br />may be brought within two (2) years of the date the payment was due. <br />D. SOFTWARE MAINTENANCE SERVICES AND SUPPORT SERVICES <br />CIS agrees to provide Software Maintenance and Database Maintenance for the <br />System(s) and will make all reasonable Efforts to "Correct Errors" reported by the User. <br />An "Error" is defined herein as the failure of a System to substantially meet the <br />specifications in the applicable Addendum when the User has maintained his hardware, <br />related hardware system software and networks in accordance with the provisions of <br />Paragraph AA and G.fi. <br />l•7 <br />
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