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Governmental Rules; food and supply costs; provision of equipment and utilities; state of the <br />Premises; and federal, state and local sales, use and excise taxes (the "Conditions"). Further, Client <br />acknowledges that in connection with the negotiation and execution of this Agreement, Company <br />has relied upon Client's representations regarding existing and future conditions (the <br />"Representations"). In the event of change in the Conditions, inaccuracy of the Representations, or <br />if Client requests any significant change in the Commissary Services as provided under this <br />Agreement, the financial terms and other obligations assumed by Company shall be renegotiated to <br />reflect a proportionate increase in Company's charges to the Client. Company will provide a thirty <br />(30) day notice of such increased charges. <br />7.4 Attorney's Fees and Costs. Client shall pay all costs of collecting any amount due Company, including <br />attorney's fees and all costs and other expenses incurred by Company in collecting an indebtedness <br />of Client. This provision shall survive the termination of the Agreement. <br />8. TERMINATION OF THE AGREEMENT. <br />8.1 Termination for Non -Performance. If either party refuses, fails or is unable to perform or observe <br />any of the terms or conditions of this Agreement for any reason other than for Excused <br />Performance as set forth in this Agreement, the party claiming such deficiency shall provide the <br />breaching party written notice of any such breach. If the breaching party remedies such breach <br />within (i) three (3) days in the case of failure to make payment when due, (ii) fifteen (15) days in <br />the case of any other breach, or (iii) a reasonable time where cure is not possible within fifteen <br />(15) days (collectively the "Notice Period"), the notice shall be null and void. If the breaching party <br />fails to remedy the breach within the Notice Period, the party giving notice may cancel the <br />Agreement after the end of the Notice Period. <br />8.2 Termination for Financial Insecurity. If either Party makes an unauthorized assignment for the <br />benefit of creditors, files a petition under the bankruptcy or insolvency laws of any jurisdiction, has <br />or suffers a receiver or trustee to be appointed for its business or property, or is adjudicated a <br />bankrupt or an insolvent, the other party may terminate the Agreement with three (3) days' notice. <br />Provided, however, that Client agrees to provide Company thirty (30) days' notice before filing a <br />petition for bankruptcy. <br />8.3 Voluntary Termination. At any time after one year of service, either Party may terminate this <br />Agreement with or without cause by written notice to the other party given not less than sixty (60) <br />days prior to the effective date of termination. <br />8.4 Steps Upon Termination. Upon the termination or expiration of this Agreement, Company shall <br />vacate the Premises occupied by Company and shall remove its own equipment and return <br />equipment furnished by Client pursuant to this Agreement. Upon termination of this Agreement, <br />Company shall surrender the then -current Equipment to Client in the condition as it was delivered <br />on the Commencement Date (or, if later, in the condition in which such Equipment was placed into <br />service), excepting ordinary wear and tear, damage resulting from Client's failure to maintain the <br />Equipment and other damage (including damage caused by force majeure) for which Company is <br />not responsible hereunder. <br />8.5 Continuing Obligations. The termination of this Agreement shall not affect the rights, privileges, <br />or liabilities of the Parties as they exist as of the effective date of termination. All outstanding <br />Page 7 of 11 <br />