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3.3 Inmate Call Commission Payment. The Contractor shall remit all commissions due to <br />the City thirty (30) days after the end of each calendar month (EOM). <br />3.4 Payment Calculation. Gross billable revenue is calculated as the sum of minutes and <br />charges. Commission due the City shall be calculated as the product of the total gross <br />billable revenue multiplied by the contracted percentage allowance. <br />4. COMPLIANCE WITH LAW <br />4.1 Compliance with Law. Legacy shall comply with all laws, rules and regulations <br />affecting its obligations in conjunction with the provision of the Services including, <br />without limitation, those relating to provision of information to End Users regarding <br />telecommunication services. <br />4.2 Regulatory Changes. This Agreement is subject to the applicable federal and state <br />laws, rules, and regulations relating to inmate telephone services, and to regulatory or <br />other governmental orders, rules, regulations or approvals as may apply from time to <br />time. The parties acknowledge and agree that the applicable Laws may be deleted, <br />amended, or added to from time to time, and that such alterations may create a conflict <br />between the then -current Laws and the terms or operation of this Agreement. If any <br />conflict between this Agreement and such Laws or regulations exists, or comes in to <br />existence, during the Term or Renewal Term of this Agreement, then the Laws shall <br />control and this Agreement shall be deemed modified accordingly. <br />4.3 Regulatory Requirements. This Agreement shall be construed in accordance with <br />applicable state and federal laws, rules and regulations. In the event those regulatory <br />or legal requirements are in any manner inconsistent with or require modification to <br />the terms of this Agreement subsequent to the date of execution hereof, no written <br />amendment or variation executed by both parties shall be necessary. Rather, any <br />such amendment or variation shall be effective upon mailing of written notice by the <br />Contractor via first-class, postage -prepaid mail or telephone facsimile transmission of <br />written notice to the City. <br />5. TERMS AND CONDITIONS <br />A. FACILITIES, EQUIPMENT AND OTHER MATERIALS, AND OBLIGATIONS OF <br />THE CITY OF SANTA ANA <br />Vendor shall, at its sole cost and expense, furnish all facilities, equipment, and <br />other materials which may be required for furnishing services pursuant to The <br />Agreement. <br />TIME FOR PERFORMANCE <br />Time is of the essence. Failure of Vendor to perform any services within the time <br />limits set forth in the Agreement shall constitute material breach of the <br />Agreement. <br />Page 4 of 11 <br />