NEIGHBORLY SOFTWARE (BENEVATE, INC.)

Home Browse Search

Benevate Inc. SAAS Subscription Agreement c. The Parties shall have an affirmative obligation to mitigate their respective losses (howsoever arising) recoverable from the other Party under or in connection with this Agreement. CDl■ I&IIJ LVVIS a. During the course of performing its duties under this Agreement, Company agrees to maintain the levels of insurance as detailed in Exhibit C, attached hereto and incorporated herewith. 11. DISPUTE RESOLUTION a. With the exception of actions for injunctive relief for actions arising under the Confidentiality provisions of Section 4 of this Agreement, the Parties intend that any and every dispute by and between them, including but not limited to any dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, be resolved first by resorting to mediation, to be conducted in a mutually agreeable location in accordance with the laws of the State of California. 12. NOTICE a. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered (a) personally or by overnight courier, (b) sent by email, or (c) forty-eight (48) hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such parry's address or email address as set forth in this section. E-mail is the preferred method of notice. Any change of address, e-mail address, telephone number, or person to receive notice shall be made by notice given to the other Party. b. Addresses. Subject to change pursuant to this Section above, the addresses for notices are as follows: For the Company: Jason Rusnak Benevate, Inc. (dba Neighborly Software) 3423 Piedmont Rd, NE Atlanta, GA 30305 Phone:702-864-7231 Email: Jason.Rusnak(a),NeighborlySOftware.co Sarah Bohentin Benevate, Inc. Phone:850-363-1717 Email: Sarah.Bohentin(&,,Nei¢hborlvSoftware.com For the Customer: Name: Maricela Marquez Agency: Community Development Agency Address: 20 Civic Center Plaza City, State, Zip: Santa Ana, CA 92701 Phone:714-647-6962 Email: MMarquez@santa-ana.org 13. MISCELLANEOUS a. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. b. Waivers. No waiver of any provision of this Agreement or consent to any action shall constitute a waiver of any other provision of this Agreement or consent to any other action. No waiver or consent shall constitute a continuing waiver or consent or commit a Party to provide a future waiver. Any provision of this Agreement may be waived only with the written consent of the Parties.