R2004-126 ACCEPTING PROPOSAL - Laserfiche WebLink

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t � 10.1.2 At the City's option, except as may otherwise be agreed in connection with the continued handling of Claims pursuant to Section 10.1.1, upon the effective date of termination of this AGREEMENT, Contractor shall provide to the City a refund of the Claims Handing Fee paid for each Feature that is open as of the effective date of termination pursuant to the attached Fee Schedule (AppendiY C), which refund shall be � paid to the City within thirty (30) days after the date of the Final Accounting Statement described in Section 10.2. 10.2 Final Accounting Statement: The Contractor shall send a final Monthly Accounting Statement (the "Final Accounting Statement") to the City within thirty(30) days after the effective date of termination of this AGREEMENT. The Final Accounting Statement shall set forth any refunds of the Claims Handling Fees due the City,which amounts shall be remitted to the City, or to any third party at City's direction, within thirty(30) days after the date of the Final Accounting Statement. � 10.3 Claims Files: Claim files being adjusted by Contractor on behalf of the City are to be considered the property of the City or City's insurer, if applicable. As such, except as may otherwise be agreed pursuant to Section 10.1.1, upon the effective date of termination of this AGREEMENT, Contractor shall promptly deliver to the City, or its designee, all files pertaining to open Claims. Copies of any Claims files in Contractor's possession pertaining to closed Claims upon the effective date of termination shall, unless otherwise directed by the City, be handled by Contractor according to its then-current file retention and destruction guidelines, in Contractor's discretion. 10.4 Return of Confidential Information: Each party shall cease all use of the other party's I Confidential Information, and shall return to the other party or destroy all such Confidential Information in its possession, within thirty (30) days after termination of this AGREEMENT for any reason. Confidential Information required in order to adjust Claims that are open upon the effective date of termination of this AGREEMENT shall be retained by the Contractor, or returned to the City promptly after the effective date of termination, at the City's sole discretion. 10.5 Survival: This Section 10 shall survive the termination of this AGREEMENT. 11. ASSIGNMENT AND/OR SUBCONTRACTING Assignment of any portion of the work under this AGREEMENT must be approved in.writing in advance by the City. A listing of all subcontractors, if any, and the portion of the services that they will provide must be submitted with the proposal. If subcontractors are listed, this does not relieve the Contractor from any prime responsibility of complete and acceptable performance. , The Contractor shall not enter into an subcontracts or a ee y gr ments, or start any work by the work forces of a subcontractor with res ect to this AGREEM � p ENT without the rior written � P concurrence of the City. All such subcontracts, agreements, and force work shall be handled as - 9 -