SMARTWORKS - Laserfiche WebLink

Home Browse Search

party service providers, if applicable, and each of their respective officers, directors, employees and agents (the "Indemnities") harmless from and against any and all losses, costs, damages and expenses (including reasonable attorney's fees) that the Indemnities may suffer in connection with any demands, claims, actions, suits or proceedings arising out of or in connection with (i) the use of the Hosting Services including but not limited to any Third Party Components by Customer or its Users; (ii) any breach by Customer or its Users of this Agreement; or Ili) Customer's Data, including but not limited to any third party claims that the inclusion, use, reference, incorporation of or linking to any third party materials or the Customer's Data violates such third party's copyright and/or other intellectual property, privacy or other rights, or that such use is illegal. 15. General Governing Law; Venue: This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. (a) Notice Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered either personally, mailed by prepaid registered post or sent by facsimile to the appropriate address or facsimile number set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case of the SmartWorks, to: N. HARRIS COMPUTER CORPORATION 1 Antares Drive, Suite 400 Ottawa, Ontario K2E 8C4 Attention: CEO / Legal Telephone: 613-226-5511, extension 2149 and in the case of the Customer, to: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council With copy to Executive Director, Public Works Agency (at same address) Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 15(c). (b) Currency: Unless otherwise indicated, all dollar amounts referred in this Agreement are in lawful money of the United States of America. (c) Use of Name. Customer agrees to the following promotional activities in relation to the purchase of SmartWorks' solutions, products and services: (i) Customer permits SmartWorks to issue a mutually agreed upon press release announcing Customer's purchase of SmartWorks' products and services; and (ii) Customer grants SmartWorks the right to reasonably include the Customer's name and logo in published lists N. Harris Computer Corporation — Confidential Page 11 of 18