Software Development Agreement - Tillamook County - Buildable

Sep 16, 2026

Software Development Agreement between Tillamook County and LVSYS Corp (dba Buildable) sets the governing terms for software development services delivered under separately signed statements of work. It specifies how fees are invoiced and paid, including monthly billing tied to hours worked and sprint-based benchmarks. The agreement includes a 60-day performance warranty with defined remedies for nonconforming deliverables, along with broad disclaimer language. It also establishes mutual confidentiality obligations, proprietary rights and ownership transfer of deliverables to the customer.

LanguageEnglish

CategoryLetters

FormatPDF

Pages5

Reading Time2 min

AccessFree to download

Scope

Service Fees

Net Terms

Monthly Billing

Benchmarks

Fee Schedule

Warranty

Performance Warranty

Remedy

Disclaimer

Mutual Confidentiality

Definition of Confidential Information

Protection of Confidential Information

Exclusions

Proprietary Rights

Ownership of Deliverables

SOFTWARE DEVELOPMENT AGREEMENT This agreement is between Tillamook County at 201 Laurel Avenue Tillamook, OR 9714, the Customer agreeing to these terms (Customer) and LVSYS Corp (dba Buildable), an Oregon corporation, the service provider agreeing to these terms (Service Provider), effective as of the date of the last signature below. 1. SCOPE. Service Provider agrees to render software development services (Services) to Customer as described in each statement of work signed by the parties (SOW) . All SOWs are governed by the terms of this agreement. 2. SERVICE FEES. a. Net Terms. The fees payable to Service Provider for the Services will be detailed in a SOW. Customer will pay amounts invoiced within 10 days following receipt of an invoice in accordance with this agreement and the SOW. b. Monthly Billing. Service Provider will invoice the Customer on the first day of each month. The invoice will be for the total hours worked by the Service Provider in the prior month pertaining the corresponding SOW, Appendix 1, and Addenda. c. Benchmarks. Service Provider and Customer will agree to a timeline for the project and progress benchmarks will be detailed in a SOW for each sprint and attached as addenda to the Agreement. 3. FEE SCHEDULE. a. Statement of Work. The SOW will include a detailed fee schedule and estimates. 4. WARRANTY. a. Performance Warranty. Service Provider represents and warrants to Customer for a period of 60 days from completion of the Services under the SOW, that the Deliverable (defined below) will perform in material accordance with the terms of the SOW and were developed in accordance with industry standards. This warranty does not apply to changes to the computing environment or a Deliverable made after the delivery of the Deliverables by Service Provider. b. REMEDY. CUSTOMER’S EXCLUSIVE REMEDY AND SERVICE PROVIDER’S SOLE LIABILITY UNDER THIS WARRANTY WILL BE FOR SERVICE PROVIDER TO RE-PERFORM ANY NON-CONFORMING PORTION OF THE DELIVERABLES FOR NO FEE WITHIN A REASONABLE PERIOD OF TIME. CUSTOMER MUST COOPERATE WITH SERVICE PROVIDER TO REMEDY THE BREACH. IF SERVICE PROVIDER CANNOT REMEDY THE BREACH WITHIN SUCH TIME PERIOD, THEN SERVICE PROVIDER WILL REFUND THE PORTION OF THE FEE ATTRIBUTABLE TO SUCH NON-CONFORMING PORTION OF THE DELIVERABLES. c. DISCLAIMER. SERVICE PROVIDER DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DELIVERABLE MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED. 5. MUTUAL CONFIDENTIALITY. a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, under this agreement (Confidential Information) . The Deliverables are considered the Confidential Information of Customer. b. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) and may not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement. c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any

FAQs

What governs the software development services under this agreement?

The service provider delivers software development services described in each signed statement of work (SOW). All SOWs are governed by the terms of the agreement.

How does the customer pay invoices under the fee terms?

The customer pays invoiced amounts within 10 days after receipt, with monthly invoices submitted on the first day of each month for hours worked in the prior month under the applicable SOW.

What warranty and remedy apply to deliverables?

The service provider warrants that deliverables will perform materially in accordance with the SOW for 60 days after completion. The customer’s exclusive remedy is re-performance at no fee, and if re-performance cannot be completed in a reasonable time, the service provider refunds the fee portion attributable to the nonconforming deliverables.

Sep 16, 2026

Upload by Maya Linwood