10-079 - King County Metro Transit - 2011 ORCA Card Program

Browse Search

with the Agreement. Such termination shall take effect immediately upon the Lead Agency sending email notice to the last known email address for the last known primary contact person of the Business Account. In the event of such a termination, the Lead Agency may immediately terminate the website access privileges of the Business Account, block the Business Cards issued to the Business Account and decline to accept and fulfill any pending or new orders form the Business Account. 12.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own convenience by sending the other party written or email notice at least thirty (30) days in advance of the effective date of the termination Upon receipt of a notice of termination for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive the advance notice period and immediately terminate the website access privileges of the Business Account, block the Business Cards issued to the Business Account and decline to accept and fulfill any pending or new orders form the Business Account. 12.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to satisfy and comply with all of its obligations under this Agreement and at law with regard to, or arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective date of the termination, including but not limited to paying all amounts due or incurred prior to the effective date of the termination and any fees, charges, collection costs or other costs arising from a failure to make timely and effective payment. 13.0 NO WARRANTIES The Business Account expressly understands and agrees as follows: a. The Lead Agency and each of the other ORCA Agencies make no warranties or other assurances of any nature regarding the ORCA Services, including the ORCA Business Cards, the Business Passport and Business Choice Products, the Business Account's access to and use of the ORCA websites, reports and other information or other things or service provided under the Agreement. All ORCA Services are provided on an "as is," as available" and "with all faults" basis. Any use of ORCA Services, including but not limited to, any material downloaded or otherwise obtained through the use of the ORCA websites, is done at the Business Account's sole discretion and risk. b. To the extent permitted by law, the Lead Agency and each of the other ORCA Agencies disclaims all warranties and duties of every kind, express, implied or statutory, including but not limited to any implied warranties of merchantability or fitness for a particular purpose or created by trade usage, course of dealing or course of performance, any warranties of quiet enjoyment or non infringement and any warranties of workmanlike effort or lack of negligence. By way of example and not limitation, the Lead Agency and each of the other ORCA Agencies disclaim any warranty and do not represent or warrant to the Business Account that: (1) its use of any ORCA Services provided under this Agreement will meet its requirements; (2) its use of the ORCA Services will be uninterrupted, timely, secure or free from error; and (3) any information obtained by the Business Account as a result of the use of the ORCA Services will be accurate or reliable. 14.0 NOTICES 14.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular mail to the Parties' Designated Representatives, as specified in Attachment 2. 14.2 The Business Account shall immediately notify the Lead Agency of any changes to its contact information and any other information provided in its application An email sent by the Lead Agency shall be sufficient notice to the Named Business Account if sent to the last person and address provided by the Named Business Account. Passport Customer Agreement Page 8 of 17 City of Tukwila 1592 October 1, 2010 September 30, 2011