Agenda - Council - 04/23/2024 - Laserfiche WebLink

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ARTICLE THIRTEEN MANAGER'S TRADE NAMES, TRADEMARKS, SYSTEMS, AND EMPLOYEES SECTION 13.1- MANAGER'S RIGHTS: All Manager's Trade Names and Systems are exclusively the property of Manager. No provision of this Agreement and no right or remedy of Owner hereunder shall confer upon Owner, or any transferee, assignee, or successor of Owner, or any person, firm, or corporation claiming by or through Owner, the right to use, rent, lease, license, transfer, reproduce, network, display, or distribute the Manager's Trade Names or the Systems or use the Manager's Trade Names in the use and operation of the Facility, and Owner shall have no right to use such Systems or Manager's Trade Names. Manager shall be entitled to enforce its rights under this paragraph by actions for damages or relief by injunction and by the pursuit of any other right or remedy available to Manager at law or equity. This provision shall survive the termination of this Agreement, and Owner shall permanently cease to use, in any manner whatsoever, the Systems and shall return the Systems to Manager and shall be obligated to remove all use of the Manager's Trade Names from the Facility premises within fifteen (15) days after the termination of this Agreement. SECTION 13.2 - USE OF NAME: Manager shall have the right, but not the obligation, to identify itself as manager of the Facility on any and all websites, advertisements and other materials used in connection with the Facility and the business of Manager and any of its Affiliates, and to post such signs in the lobby or other exterior or interior locations of the Facility as it may desire to so identify itself. SECTION 13.3 — NON-SOLICITATION OF MANAGER'S EMPLOYEES: Owner recognizes that personnel employed by Manager, including those employed by Manager at the Facility, constitute an important and vital aspect of Manager's business. Owner agrees that during the Term of this Agreement, and for a period of one (1)year following the expiration or termination of this Agreement, Owner shall not, directly or indirectly, without the consent of the Manager (1) recruit, solicit, entice or hire (or assist anyone else in the foregoing activities) any personnel ever employed by Manager, or (2) encourage any such employee of Manager to terminate their employment with Manager. ARTICLE FOURTEEN TERM OF AGREEMENT AND TERMINATION SECTION 14.1 -TERM: This Agreement shall commence upon the Commencement Date and shall continue for a (3 YEARS) year period and will automatically renew unless, at least one hundred eighty(180)days prior to the last day of the then current three-year Term, either Manager or Owner delivers written notice to the other party of its intention not to extend the Term for another five year period. SECTION 14.2 - TERMINATION: this Agreement may be terminated as follows: A. If Owner fails to maintain all funds in the Agency Account required by this Agreement. B. If Owner fails to pay when due any Ownership Costs or other expenses described in Article Five of this Agreement. C. If Owner makes any sale, lease, transfer or assignment pursuant to Article Eighteen of this Agreement. 8