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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2016
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060716
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08
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11/30/2016 1:10:09 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/7/2016
DESTRUCT DATE
15Y
DOCUMENT NO
08
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9.10 Exclusive Remedy. This Part 9 states PerfectMlND's sole liability to Customer, <br /> and Customer's exclusive remedy against PerfectMlND for any type of Claim described in Part <br /> 9. <br /> PART 10—GENERAL <br /> 10.1 Internal Escalation of Disputes. Any controversy, claim or dispute ("Dispute") <br /> arising out of or related to this Agreement, including, without limitation, Disputes covering the <br /> performance of the parties' obligations or the interpretation of the terms and conditions of this <br /> Agreement or applicable fees or payments, shall be dealt with as follows: Each Dispute initially <br /> shall be brought for resolution before a committee consisting of two (2) representatives of each <br /> of the parties- the project manager and the Account Manager from PerfectMlND and the project <br /> manager and a person with a position equivalent to Account manager from Customer. If the <br /> committee is unable to resolve a Dispute within ten(10) working days,then the Dispute shall be <br /> escalated to a separate committee consisting of one (1) officer of each party – the Director of <br /> Customer Service from PerfectMlND and an officer of equivalent position from Customer. If <br /> this second committee is unable to resolve the Dispute within ten (10) working days, then the <br /> Dispute shall be escalated to another separate committee consisting of two (2) executive officers <br /> of each party – the CEO and the COO of PerfectMlND and two executive officers with <br /> equivalent positions with Customer. Members of each committee shall act reasonably and good <br /> faith and attempt to resolve the dispute amicably. <br /> 10.2 Marketing. PerfectMlND may use Customer's name, with an accurate reference <br /> to Customer's use of the Platform, in PerfectMlND's marketing materials or on PerfectMlND's <br /> website,with a link to Customer's website. <br /> 10.3 Notice. Any notice required or permitted to be given hereunder will be in writing <br /> and may be given by personal services, including by courier, or by facsimile if confirmed on the <br /> same day, or in writing by registered airmail,with postage prepaid to the following: <br /> If to PerfectMlND: <br /> PerectMind Inc <br /> 110- 980 West 1st Street <br /> North Vancouver, BC,V7P 3N4 <br /> Fax: <br /> Attention: Farid Dordar-CEO or Ali Sanei-COO <br /> If to Customer: <br /> The City of Pleasanton <br /> Pleasanton, California, <br /> Fax: <br /> 18 <br />
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