FULL AGENDA PACKET_2021-05-04 - Laserfiche WebLink

Home Browse Search

E 10.14 No Third Party Beneficiaries. This Agreement is tot the benefit of the Parkes and their successors and pernlilled assigns, and cloes nol confer any lights of benefits on any third party, including any employee of a Party, any rlient of a Party, or any PmployPP of a rlient of i Party. Notwithstanding the above, the Parties acknowledge that all lights and benefits afforded to MRI under the Agreement shall apply equally to the owner of the Third Party Software with respect to the Third Party Software, and such third party is an intended third party beneficiaty of the Agreement, with respect to the Third Party Software. 10.15 Reserved. 10.16 Legal Fees and Costs. In the evenl of a dispule between the Parties fegafding the enforcement of the Agreement, the prevailing Party in such dispute will be entitled to collect from the other Party the prevaiting PortyS leasonoble Iegal fees and costs. 10.17 Reserved. 10.18 Headings and Drafting. The headings in the Agreement shall not he used to rmxtrue of interpret the Agreement. The Agreement shall not be construed in favor of or against a Party based on the author of the document. 10.19 Counterparts. The Master Agreement and each Schedule maybe ezec:uted in one or more cYrumerparls, each of which shall c:onslilute an enforceable original of the Agreement, and that facsimile and/of Pdf srnnnPd rnpiPs of signatures shall he as PffertivP and hindino m original signatures_ 10.20 Treatment in the Event of Bankruptcy of CQenL. The Par LIES acknowledge and agree that this Agreement, is an executory contract as such term Is defhred In ScctiOn 365 of the Lldted States Banki uptcy Code ("USBC). The Parties furthet acknowledge and agree that the Agreement does not provide a license of inlet ecWal property as delined In scctlan 101(3]) of the USBe aid that the pravlslois of Sectlun 365(iF) of the USBC are therefore not applicable. Client acknowledges that MRI Will be harried IT thli A8reemeflt was a"isneo to a conlpetltol, rllr'ect of indirect, or any other party whose use of MRI Software or Services Pursuant to the Agreement would be detrimental to the business and rights of MRI, and Cbenl hereby 8rants MRI Lhe right, Lo consent Lo any proposed assignment of this Agreement in a bankruptcy and that the rights of consent to the assignment provided in section 366(c)(1) of the USBC Shall be applicable Lo any proposed a"ignalenL of Lhi6 Agr'eemP-nL in airy bankruptcy, case filed by Client. END OF MASTER AGREEMENT Client: HousinC�A1RhQ1P)-WC4 City of Santa Ana MRI Confidential3 — 38 4416M?01