HEWLETT-PACKARD 2 - Laserfiche WebLink

Home Browse Search

(hiJO I.."."t FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS OR LOSS OF SAVINGS OR REVENUE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) Timeliness of Action. In no event any action be brought against HP more one year after the cause of action accrued. c} Allocation of Risk. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under these Terms. The fees payable to HP reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these Terms. will than has 6. TERM AND TERMINATION a) Term. The Terms will remain in effect until completion of the Consulting Services unless terminated earlier in accordance with the provisions set forth below. b) Termination for Cause or Insolvency. These Terms and the attached Statement of Work may be terminated immediately upon written notice: 1) By either party, material breach of hereunder and fails within 3D days of notice by the other the material breach; 2) By BP, if Customer fails to pay any amount due HP hereunder and does not cure such default within ten (ID) days of the date payment is due. HP may suspend performance of Consulting Services during the cure period without prejudice to its right to terminate hereunder; if the other party 1S 1n any of its obligations to remedy such breach receipt of a written party which specifies 3) By either party, if a receiver, liquidator or trustee of the other party is appointed by court order or receivership, inSOlvency or bankruptcy proceedings are commenced or a petition is filed by or against the other party under any applicable liquidation, conservatorship, bankruptcy, moratorium, insolvency, reorganization or similar laws or the other party makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts generally as they become or otherwise takes any action or causes any action to be taken which the other party reasonably believes will cause the acting party to be unable to perform its financial obligations under these Terms. c) Termination for Convenience. If these Terms apply to for work to be performed on a time and expense basis, it may be terminated by either party at any time upon thirty (3D) days' advance notice. d) Rights After Termination. Upon termination of these Terms and the Statement of Work to which they are attached, Customer will pay HP for all consulting Services performed and charges and expenses incurred by HP up to the date of termination, and Customer will receive all work in progress for which Customer has paid. 7. MISCELLANEOUS a} Dependencies. Customer will comply with the general obligations specified in these Terms together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that HP's ability to deliver the Consulting Services is dependent upon Customer's full and timely cooperation with HP, as well as the accuracy and completeness of any information and data Customer provides to HP. b) Similar Services. Nothing in these Terms will prohibit HP from providing Consulting Services similar to those provided hereunder to other customers. c) Hiring of Employees. Customer agrees not to solicit, or make offers of employment to or enter into consultant relationships with, employees or consultants of HP if such person was involved, directly or indirectly, in the performance of the Consulting Services governed by these Terms, wi thin a one (1) year period of the cessation of such employment or consultant engagement; provided, however, that nothing contained herein will prevent a party from hiring any such employee or consultant who responds to a general hiring program conducted in the ordinary course of business or who approaches such party on a wholly unsolicited basis. d) Export Regulation. Customer will comply with all applicable export laws. e) No publicity. Neither party will publiCize or disclose to any third party without the consent of the other party, either the price or other provisions of these Terms or the fact of its existence and execution, except as may be necessary to comply with other obligations stated 1n these Terms or the Statement of Work. Notwithstanding the foregoing, HP may use Customer's name and identify this engagement in connection with general lists of clients and experience. f) Independent Contractor. Nothing contained in these Terms will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. HP will not be responsible to perform any regulatory or contractual obligation of Customer and does not assume Exhibit SCSA (Brief) Revision Date 11-April-2002/ 2-August-2002 Page 3 Revision Number 0