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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2008
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121608
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11
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12/10/2008 4:50:56 PM
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12/10/2008 4:50:55 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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(B) In the case of a notice to Licensee <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA <br />94566 <br />or at such other address or facsimile number as the Party to whom such notice is to be given shall have last <br />notified (in the manner provided herein) the Party giving such notice. Any notice delivered to the Party to <br />whom it is addressed as provided herein shall be deemed to have been given and received on the day it is <br />delivered at such address, provided that if such day is not a Business Day, then the notice shall be deemed <br />to have been given and received on the Business Day next following such day. Any notice mailed to a Party <br />shall be deemed to have been given and received on the fifth Business Day next following the date of its <br />mailing provided that no postal strike is then in effect or comes into effect within four (4) Business Days after <br />such mailing. Any ratice transmitted by facsimile shall be deemed given and received on the day of its <br />transmission if such day is a Business Day and if not, then on the neM day that is a Business Day. <br />15. FORCE MAJEURE <br />Except as expressly provided otherwise in this agreement, dates and times by which any Party is required to <br />render performance under this agreement or any schedule hereto shall be postponed automatiplly to the <br />extent and for the period that such Party is prevented from meeting them by reason of any cause beyond its <br />reasonable control (other than lack of funds), provided that the Party prevented from rendering performance <br />notifes the other Party immediately and in detail of the commencement and nature of such cause and the <br />probable consequences thereof, and provided further that such Party uses its reasonable efforts to render <br />performance in a timely manner utilizing to such end all resources reasonably required in the circumstances, <br />including obtaining supplies or services from other sources H same are reasonably available. <br />16. SOFTWARE ESCROW <br />Questica will deposit with the accounting firm of Krandel & Company of Toronto, Ontario, the Software <br />source code for the most recent version of the Software. Krandel & Company shall be paid by the Licensee <br />and shall be authorized to release the escrowed source code to the Licensee should Questice become <br />insolvent or cease to carryon business and the business of Questica is not continued by a Receiver or <br />Trustee or Assignee. <br />:>...97.-MEDIA RELEASES - - '~",. - <br />Neither party shall use the name, trademark or logo of the other party without the prior wrttten consent of the <br />other party. Notwithstanding the foregoing, Questica may use the Licensee's name and identify the <br />Licensee as a Questica client in advertising, marketing materials, press releases and similar materials. <br />Page 9 of 11 <br />
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