summary article - CONVERGENT GROUP CORPORATION d/b/a...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
CONVERGENT GROUP CORPORATION, d/b/a SchlumbergerSema, Plaintiff, v. THE COUNTY OF KENT, Defendant. THE COUNTY OF KENT, Plaintiff, v. SCHLUMBERGER LIMITED and SCHLUMBERGERSEMA, Defendant. Consolidated Case No. 1:02-CV-286 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION 266 F. Supp. 2d 647; 2003 U.S. Dist. LEXIS 7602 April 29, 2006, Decided DISPOSITION: [**1] Plaintiff's Motion to Dismiss and for Summary Judgment GRANTED. Defendant's breach of contract, fraud, and unjust enrichment claims dismissed. Defendant's Motion for Leave to File Amended Complaint DENIED. Plaintiff's Motion to Strike Affidavit of Jeffrey Allen DENIED AS MOOT. COUNSEL: For DAVID GIBSON, defendant: Richard E. Zambon, Mitchell & Zambon, PC, Grand Rapids, MI. U. S. Attorneys: John F. Salan, US Attorney's Office, Grand Rapids, MI. JUDGES: GORDON J. QUIST, UNITED STATES DISTRICT JUDGE. I. Facts On or about March 31, 2004, the parties entered into an agreement (the "Implementation Agreement"), pursuant to which Convergent agreed to design and implement an integrated, turnkey software program for the County's property tax administration [*651] system ("PTAS"). n1 The total fixed contract price for the services to be performed and materials to be provided by Convergent under the Implementation Agreement was $ 5,484,268. The [**3] Implementation Agreement contained a section regarding termination for cause, which states: 19. Termination: If either party shall at any time commit any material breach of any covenant or warranty under this Agreement (other than a breach of Section 10) and (i) shall fail to cure such breach within thirty (30) days of written notice of such breach or (ii) if it is not curable within thirty (30) days of written notice, shall fail to diligently commence to cure it within thirty (30) days of notice, the non-defaulting party may at its option, and in addition to any other remedies to which it is entitled, terminate this Agreement by written notice. (Implementation Agreement § 19, County Compl. Ex. A.) In addition, the Implementation Agreement gave the County the right to terminate the agreement without cause as follows: 19.5 CLIENT has the right to terminate in whole or in part this Agreement without cause subject to (i) thirty (30) days notice, (ii) payment to CONSULTANT for all services
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
rendered to date of termination, and (iii) payment of a demobilization fee not to exceed $ 250,000. CONSULTANT will cease services within a reasonable time after receipt [**4] of notice. n2 (Id. § 19.5.) Convergent and the County also entered into a Support Agreement ("Support Agreement"), effective as of October 1, 2000, pursuant to which Convergent agreed to provide the County ongoing maintenance, consulting services, and technical support after the software program was completed and fully implemented pursuant to the Implementation Agreement. The Support Agreement contained a termination for cause provision similar to the above-quoted termination provision of the Implementation
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 5

summary article - CONVERGENT GROUP CORPORATION d/b/a...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online