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bankruptcy, insolvency or other similar law (each such event shall be a "Customer <br /> Default"). <br /> 9.1.2 In the event of a Customer Default, DoIT may suspend Services to Customer until <br /> Customer remedies the Customer Default, or DoIT may terminate this MSA and/or any or <br /> all of the Services being provided hereunder. DoIT may at its sole option, but without any <br /> obligation, cure a non-monetary breach at Customer's expense at any point and invoice <br /> Customer for the same. These remedies are in addition to and not a substitute for all <br /> other remedies contained in this MSA or available to DoIT at law or in equity. <br /> 9.2 DoIT Default. <br /> 9.2.1 DoIT is in default of this MSA if DoIT fails to cure any non-monetary breach of any <br /> material term of this MSA within thirty (30) days of receiving written notice of the breach <br /> from Customer ("DoIT Default"); provided, however, that Customer expressly <br /> acknowledges that failure to meet the Service Availability Objectives in the Service Level <br /> Agreement is not subject to a claim of a DoIT Default. Customer's exclusive remedies for <br /> any failure of DoIT to meet the Service Availability Objectives are set forth in the Service <br /> Level Agreement("SLA")available at www.illinois.net. <br /> 9.2.2 In the event of a DoIT Default, Customer may terminate the Services and the <br /> Agreement upon written notice to DoIT. Any termination shall not relieve <br /> Customer of its obligations to pay all charges incurred hereunder prior to such <br /> termination. <br /> ARTICLE 10 -IMPOSITIONS <br /> 10.1 All charges for the Services are exclusive of any Impositions (as defined below). Except for taxes <br /> based on DoIT's net income, Customer shall be responsible for payment of all applicable taxes that arise <br /> in any jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, <br /> excise, access, bypass, franchise fees, rights of way fees or charges, license or permit fees, or other <br /> taxes, duties, fees, charges or surcharges (including regulatory fees), however designated, imposed on <br /> incident to, or based upon the provision, sale, or use of the Services ("Impositions"). Such Impositions <br /> may be shown on invoices as cost recovery fees. If Customer is entitled to an exemption from any <br /> Impositions, Customer is responsible for presenting DoIT with a valid exemption certificate (in a form <br /> reasonably acceptable to DoIT). DoIT will give effect to any valid exemption certificate provided in <br /> accordance with the foregoing sentence to the extent it applies to any Service billed by DoIT to Customer <br /> following DoIT's receipt of such exemption certificate. Customer shall indemnify, defend and hold DoIT <br /> harmless from payment and reporting of all such Impositions, including costs, expenses, and penalties <br /> incurred by DoIT in settling, defending or appealing any claims or actions brought against DoIT related to, <br /> or arising from, the non-payment of Impositions. <br /> ARTICLE 11 —CONFIDENTIALITY <br /> 11.1 Each party, including its agents and subcontractors, to this Agreement may have or gain <br /> access to confidential data or information owned or maintained by the other Party in the course of <br /> carrying out its responsibilities under this Agreement. Each party recognizes and acknowledges <br /> that the Parties are each subject to the laws of the State of Illinois and the Freedom of Information <br /> Act and, as such, will comply with the provisions of the Act as required by law. Customer <br /> 5 <br />