1996 RES R-142-96 (NOT USED) - Laserfiche WebLink

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5. Program and Contract Management, 5.1 During the Initial and any Renewal Terms of this Agreement, the City shall 21p one person the responsibility as its Success 2002 coordinator to assist EcoG p in the design, development and implementation of the program, and as the d o -day point of communication with EcoGroup's project manager, as define ow. 5.2 EcoGroup shall assign a single person as project manager as the po' 'of contact for the City with responsibilities for the day-to-day support of the ject through the design, development and implementation phases of the progr In addition, Vickie McDermott of EcoGroup, or her successor, shall be gned the overall account responsibility to interface with the City on any mate ' policy or contract issue during the Initial and any Renewal Terms of this A ment. 6. Warranty: Remedy. EcoGroup warrants that all software a aterials delivered under this Agreement are free from defects in manufacture and meet t pecifications contained in Exhibits B. During the Initial and any Renewal Terms of th, greement, EcoGroup shall, without charge to the City, correct any defects and make additi , modifications, or adjustments to the software and materials as may be necessary to keep the tware and materials in operating order and in accordance with the specifications contained ' xhibit B. 7. Intellectual Property,% 7.1 All materials comprising Success 2 including but not limited to software, written materials, art work, label 'marks, methods of calculations and any program upgrades ( Intellectual Pro ty ) shall remain the property of EcoGroup. The City shall have the right to u ' said Intellectual Property in conjunction with its implementation of Success 2 for the Initial and any Renewal Terms of this Agreement provided that the endeavors to protect all such Intellectual Property and shall disclose and us "ch materials only as necessary to implement said program and ensure pro success. 7.2 EcoGroup agrees that : program information provided and produced by the City during implementa of the program shall be the property of the City and EcoGroup shall release any such information to any third party. Normal promotional ma als developed by the City for the promotion of Success 2002 shall not be c ered proprietary and shall be available for EcoGroup's use in promoting it forts elsewhere. 8. I 'ii i 8.1 The Ci grees to defend, indemnify and hold harmless EcoGroup, its agents, emplo s, affiliates, parents and subsidiaries, from any and all claims, suits, jud nts, liabilities, losses or obligations of whatever nature ("Claims") which ari om the actions or conduct of the City or the failure of the City to perform obligation expressly assumed under this Agreement. Upon the assertion of any �i claim, EcoGroup shall promptly give Client notice in writing, and the City all have the right to settle or, at its own expense, defend through counsel of its own choice, any action which may be brought in connection with such Claim. ;f r! 1996. coc 10/09/96 Con�iden l - EcoGroup, Inc. 2