Finance Committee - Agenda - 6/1/2016 - P28
10.
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GENERAL
All notices which are required to be given
pursuant to this Agreement shall be in writing
and shall be delivered by certified mail, return
receipt requested, first class postage prepaid,
or sent by overnight express or similarly
recognized overnight delivery with receipt
acknowledged or by facsimile, with a copy
thereof sent by one of the other means.
Notices shall be deemed to have been given at
the time delivered and shall be addressed as
follows or to such other address as a party
may designate by proper notice hereunder:
If to CSC:
10301 Wilson Boulevard
Blythewood, South Carolina 29016
Atin: General Counsel
Facsimile: (803) 333-5560
Lf to Customer:
P.O. Box 2019
Nashua, NH 03060
Atm: Jennifer Deshaies
Facsimile: (603) 589-3359
Customer promises not to disclose the terms
and conditions of this Agreement to any third
party, except as required in the normal
conduct of Customer’s business, as required
by law, or as agreed to by CSC.
CSC will have the right to disclose publicly
through a news release the full name of the
Customer, the location of the Customer, and
the product/outsourcing service licensed by
the Customer without the Customer’s prior
approval. Any additional details of the
business agreement(s) between CSC and
Customer will not be publicized without the
Customer’s prior written approval.
This Agreement (i) constitutes a fully
integrated contract and states the entire
agreement between the parties and supersedes
arid merges any and all prior discussions,
representations, demonstrations, negotiations,
correspondence, writings and other
agreements and states the entire understanding
and agreement upon which CSC and
Customer rely respecting the subject matter of
this Agreement; (ii) may be amended or
modified only in a writing agreed to and
signed by the authorized representatives of the
City of Nashua MLA 062402 STE final
RISKMASTER — Stéve Evers
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parties; and (iii) shall be deemed to have been
entered into and executed in the State of New
Hampshire and shall be construed, performed
and enforced in all respects in accordance
with the laws of that State except for CSC’s
confidential information and trade secrets
which shall be construed, performed and
enforced in all respects in accordance with the
laws of the State of South Carolina. Any
litigation which arises under this Agreement
shall be brought in the appropriate court
located in the State of New Hampshire.
Notwithstanding any acknowledgment by
CSC of a purchase order submitted by
Cusiomer, any condition or provision in any
such purchase order or other memorandum of
Customer which is in any way inconsistent
with, or which adds to the provisions of this
Agreement, is null and void.
Neither CSC nor Customer will knowingly (i)
attempt to induce an employee of the other to
terminate his or her employment or (ii) offer
employment to a former employee of the other
during the six (6) month period immediately
following the former employee's termination.
For purposes of this paragraph, "employee"
shall mean only the personnel of either party
who are substantially involved in the
development, marketing, servicing,
distribution or use of a Systern.
Neither party hereto shall be deemed to have
waived any rights or remedies hereunder
unless such waiver is in writing and signed by
the authorized representative of the party. No
delay or omission by either party hereto in
exercising any right shall operate as a waiver
of such right. A waiver of a right on any one
occasion shall not be construed as a waiver of
such right on any future occasion. All rights
and remedies hereunder shall be cumulative
and may be exercised singularly or
concurrently.
The descriptive headings of this Agreement
are intended for reference only and shall not
affect the construction or interpretation of the
Agreement.
If any provision of this Agreement or the
application thereof to any party or
circumstances shall, to any extent, now or
hereafter be or become invalid or
unenforceable, the remainder of this
Apreement shall not be affected thereby and
every other provision of this Agreement shall