Laserfiche WebLink
regulations and rules concerning restric#ic�ns on disciosure and re-disclosure of student recard <br /> information pursuant to ISSRA and FERPA, and the City shall not violate nor direct the violation <br /> of ISSRA, FERPA or Board af Education rules regarding disclosure andlor re-disclosure of <br /> student records. <br /> ARTICLE 19 <br /> DEFAULT <br /> 19.1 The fallowing events shall constitute (Events of Default), the occurrence of which <br /> shall constitute a material breach of this Agreement and en#itle the non-defaulting party to seek <br /> the rights and remedies avaiiable to it under the terms of this Section 19, Defau(t: <br /> {a} Failure by Customer ta pay any amount when due and such failure is not cured <br /> within thirty(30)calendar days fallowing receipt of written notice of such failure, <br /> or <br /> {b) Failure by either party to abserve or perform any other material flbligation <br /> under this Agreement when such failure shall continue for a period of thirty(30) <br /> calendar days{or such longer period as may be agreed upon by the parties in <br /> writing; provided that the defaulting party commences to cure such failure <br /> within such thirty (30) calendar day period and thereafter diligently pursues <br /> such cure} after written notice. <br /> 19.2 Righ#s and Remedies of Customer. Upon the occurrence of an Event of DefauCt <br /> by or with respect tp the CITY, Customer shall be entitled to terminate this Agreement. <br /> 19.3 Riqhts and Remedies of the CITY. Upon the occurrence of an Event of Default by <br /> or with respect ta Customer, the CITY shall have the right to: {�} terminate the Agrsement; (ii) <br /> recaver actual amoun#s owed by Customer to the C{TY that accrued on or prior to the date of <br /> terminatian; and/or(iii) recover Damages. In addition to the foregoing, Customer shall be deemed <br /> to have abandoned the Dark Fiber, and to have conveyed #o CITY aEl right, title and interest in <br /> and to the Dark Fiber. Customer shall provide to the CITY a bitl of sale or such other documents <br /> as may be reasonably necessary to evidence such abandonment andlor canveyance. <br /> 19.4 Notwithstanding anything to the contrary cantained in this Agreement, Customer's <br /> soie and exciusive remedy for any failure by the CITY ta deliver the Dark Fiber by the Anticipated <br /> Completion Date shall be limited to those cantained in this Section 19.4. fn the event the CITY <br /> shaif have failed to deiiver the Dark Fiber wi#hin ninety(90}days after the Anticipated Completion <br /> Date (as such date may be extended by Events of Force Majeure or under the terms of this <br /> Agreement}, then Customer rrtay terminate this Agreement with �espect to such Segment and <br /> rec�ive a refund of the Initiat Payment allocable to such Segment. If Custamer elects ta so <br /> terminate, neither Party shall have any further duties or obligations to the o#her Party{except far <br /> the CITY'S obligation to so refund the allocable Initial Payment) under this Agreement with respect <br /> to such cancelled Segment. !n the event the CITY sha11 have faiied to deliver the Qark Fiber in <br /> any Segment within iwelve (12) months after the Effective Date, then this Agreement shall <br /> automaticaAy terminate with respect to such Segment and GTY sha14 refund to Customer the <br /> 16 I <br />