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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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051920
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5/14/2020 3:34:14 PM
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5/14/2020 3:34:11 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/19/2020
DESTRUCT DATE
15Y
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DocuSign Envelope ID:688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br /> AAXON Master Services and Purchasing Agreement <br /> 18.10 Governing Law.California law shall govern any legal action pursuant to this Agreement with venue <br /> in the applicable court or forum for Alameda County. The United Nations Convention for the <br /> International Sale of Goods does not apply to this Agreement. <br /> 18.11 Notices. All notices must be in English. Notices by email are effective on the received date of the <br /> email. Notices by personal delivery are effective immediately. Contact information for notices: <br /> Axon:Axon Enterprise, Inc. Agency: City of Pleasanton Police Department <br /> Attn: Legal Attn: Business Services Manager <br /> 17800 N. 85th Street PO Box 909,4833 Bernal Ave. <br /> Scottsdale, Arizona 85255 Pleasanton, CA 94566 <br /> legal@axon.com nmorehead@cityofpleasantonca.gov <br /> 18.12 Entire Agreement. This Agreement, including the Axon Cloud Services Terms of Use Appendix, <br /> Professional Services Appendix, Technology Assurance Plan Appendix, TASER 7 Appendix, Axon <br /> Auto-Tagging Appendix,Axon Aware Appendix, Add-on Services Appendix, and Quote Appendix, <br /> ,and any SOW(s), represents the entire agreement between the Parties.This Agreement supersedes <br /> all prior agreements or understandings, whether written or verbal, regarding the subject matter of <br /> this Agreement. This Agreement may only be modified or amended in a writing signed by the <br /> Parties. <br /> 18.13 Counterparts and Electronic Signatures. This Agreement may be executed in multiple <br /> counterparts, each of which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any <br /> electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), <br /> California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable <br /> law)or other transmission method,and any counterpart so delivered shall be deemed to have been <br /> duly and validly delivered and be valid and effective for all purposes. With respect to signatures <br /> delivered via facsimile or electronically, Consultant shall deliver its original wet ink signature to the <br /> City within thirty (30) days following Consultant's original delivery via facsimile, electronic mail or <br /> other transmission method, provided that failure to deliver such original ink signature shall not <br /> affect the validity of the electronic signatures that were delivered. <br /> Each representative identified below declares that the representative is authorized to execute this Agreement as of <br /> the date of signature. <br /> Axon Enterprise, Inc. Agency <br /> E —DocuSigned by: <br /> Signature. Signature: <br /> Signature: <br /> 55DAEBB131A4424... <br /> Robert Driscoll <br /> Name: Name: <br /> VP, Assoc. General Counsel <br /> Title: Title: <br /> 5/5/2020 I 4:00 PM MST <br /> Date: Date: <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 8.0 <br /> Release Date: 11/8/2019 Page 6 of 19 <br />
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