1999 AGN APR 06 I09 - Laserfiche WebLink

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SETTLEMENT, TERMINATION, AND GENERAL RELEASE AGREEMENT This Se em Vermination, General Release Agreement (« Agreement„i ) s entered into this lb -day of - 1999 ("Effective Date"), between the City of Colton, a municipal corporation in the State of California ("City"), and Harris Computer Systems (a.k.a. "N. Harris Computer Corporation"), a business incorporated in Ontario, Canada ("Harris"). City and Harris are sometimes hereinafter individually referred to as "Party" or collectively as "Parties". RECITALS WHEREAS, on January 10, 1996, City and Harris executed the "Agreement for the Acquisition and Supply of Computer Software and Related Services" and the "Software Maintenance Agreement" (attached hereto as Exhibit "A" and incorporated herein by reference) for the provision, installation, training, and technical support of the Harris Utility Billing Software ("Software") by Harris to City ("Contracts"); WHEREAS, Harris believes that the terms of the Contracts have not been fully performed due to technical difficulties and other problems with the installation and performance of the Software; and WHEREAS, City believes that the terms of the Contracts have not been fully performed due to performance problems by Harris; and WHEREAS, the Parties now desire to terminate the Contracts and resolve all outstanding claims, liabilities, and obligations between the Parties arising out of the Contracts. NOW, THEREFORE, in mutual consideration of promises and conditions set forth herein, the Parties hereby agree as follows: TERMS 1.0 Obligations of the Parties. 1.1 Payment to City. Harris shall, within fifteen (15) days after the Effective Date of this Agreement, provide a cashier's check to City in the amount of $32,000 made payable to the "City of Colton," and delivered to the following address: Finance Director, City of Colton, 650 N. La Cadena Drive, Colton, California 92324 SETTLEMENT, TERMINATION RVPUBUPM\57671 PAGE I OF 4 AND GENERAL RELEASE