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<br />,- <br /> <br />--- <br /> <br />D. Deductibles on each insurance policy shall be no greater than $5,000. MMI shall <br />be responsible for the payment of all deductibles. <br /> <br />ARTICLE X <br />WARRANTY <br /> <br />10.1 MI warrants that under normal conditions of use and operation, the services furnished <br />pursuant to this Agreement shall be free from defects in workmanship and that the parts furnished <br />pursuant to this Agreement shall be free from defects in workmanship and material. <br /> <br />10.2 MI warrants that the parts furnished pursuant to this Agreement shall conform to the <br />equipment manufacturer's published specifications at the time of delivery to PPD. MMl's <br />obligation under this warranty is limited to the repair or replacement of any part that within 180 <br />days after installation and acceptance is not in conformity with the equipment manufacturer's <br />published specifications. This warranty applies to any repaired or replaced product, part, or <br />component supplied by MMI. <br /> <br />ARTICLE XI <br />AGREEMENT NOT TO EMPLOY <br /> <br />11.1 The PPD and MMI mutually agree not to employ or contract for services, the <br />personnel of the other for three (3) months after termination of this Agreement. <br /> <br />ARTICLE XII <br />MISCELLANEOUS <br /> <br />12.1. Liaison. Each party shall designate a liaison to serve as a point of contact by which <br />the parties may communicate on a frequent basis regarding this Agreement. Each party may change <br />its liaison upon written notice to the other party. <br /> <br />12.2 Entire Agreement: This Agreement represents the entire agreement among the parties <br />with respect to the subject matter covered by this Agreement. There is no other collateral, oral or <br />written agreement between the parties that in any manner relates to the subject matter of this <br />Agreement. <br /> <br />12.3 Governing: Law: The validity of this Agreement shall be governed by the laws of the <br />State of Texas and venue for any action concerning this Agreement shall be in the courts of Lamar <br />County, Texas. <br /> <br />12.4 Severability: In the event any section, subsection, paragraph, sentence, phrase, or word <br />herein is held invalid, illegal, or unconstitutional, the balance of this Agreement shall stand, shall <br />be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, <br />subsection, paragraph, sentence, phrase, or word. <br /> <br />12.5 Notice: Any notice required or pennitted to be delivered hereunder shall be deemed <br />received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt <br />Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the <br />address set forth at the signature of the party. <br /> <br />12.6 Counterparts: This Agreement may be executed in any number of counterparts, each <br />of which shall be deemed an original and constitute one and the same instrument. <br /> <br />Page 7 of 9 <br />