R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.

Home Browse Search

payment is not received within thirty (30) consecutive days, T2 has the right to suspend services provided hereunder. Article 7. TERM AND TERMINATION Section 7.1 Term. The term of the Subscriptions granted in Article 1 and the provision of support under Article 5 shall commence on the Installation Date or three(3) months from the Effective Date of the Software Subscription Agreement, whichever is earlier, and shall continue for the period set forth in the Quote("Initial Term"). If the Subscriber delays installation beyond the timeline in the Quote, the Subscriber may incur additional installation fees. If a delay in installation is caused by T2,the initial term of this Agreement shall commence at the date the Software is installed and the Subscriber executes the installation verification acknowledgement. Except as may be otherwise provided in the Quote, the tern of the Subscriptions and support shall be automatically renewed for an additional term of one (1) year effective immediately after the expiration of any then-current term, unless either T2 or Subscriber gives notice of non-renewal to the other at least sixty(60)days in advance of the expiration of the then-current term. Section 7.2 Reengagement When a project does not stay on the agreed upon schedule as defined in a mutually agreed upon Project Plan because the Subscriber did not meet their deliverables, or if the Subscriber requests a new date after a committed date has been scheduled,the Subscriber will be responsible for: a) Acceleration of payment for all Professional Services completed to date (i.e., I&T, project management costs, eBiz, interfaces, etc.). b) All hard costs, including travel. c) Rebooking fees. d) Any necessary rework(repeat of training, additional data sample, additional PM hours)would be billed at restart. e) A reengagement fee of 20%of the total professional services plus travel expenses associated with the reengagement. Section 7.3 Termination. Subscriber may terminate the Subscriptions granted in this Agreement, any support under Article 5, any Professional Services, and any Hosting Services by notice of non-renewal given in accordance with Section 7.1 or by notice given in accordance with the provisions of Article 11. T2 may terminate the Subscriptions granted in the Agreement and any support under Article 5 by notice of non-renewal given in accordance with Section 7.1, by termination as provided in Section 6.5 or upon fifteen (15) days prior written notice in the event Subscriber uses the Software in a manner not permitted under the Agreement. Nothing in this agreement or any other agreement between the parties shall prohibit T2 from contracting with, or providing goods (including software)or services to, any other parlay to service the same end users contemplated by this agreement. Section 7.4 Return of Materiak Upon termination of the Subscription of the Software or Handheld Software for any reason, Subscriber shall destroy all VERSION 080212 9