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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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061521
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14
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6/9/2021 3:55:24 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/15/2021
DESTRUCT DATE
15Y
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DocuSign Envelope ID:BF158607-0398-45C7-BF4E-235E368E5BDF <br /> Non-emergency support requested outside of support hours will be subject to additional fees,such fees will be quoted to Client <br /> at the time of the request and will be subject to Client acceptance and invoiced the next business day following the non-emergency <br /> support. CivicPlus shall have the sole discretion to determine whether support requests qualify as an emergency, exceed <br /> reasonable use or are outside the scope of services outlined in any SOW. <br /> 27. If a reported problem cannot be solved during the first support interaction,Client will be provided a ticket number that will <br /> be used as communication method throughout ticket escalation until a solution is provided. Support service does not include <br /> support for errors caused by third party products or applications for which CivicPlus is not responsible. <br /> Marketing <br /> 28. Client hereby authorizes CivicPlus to use Client's name and logo on CivicPlus's website and in sales and marketing <br /> presentations.Such authorization may be withdrawn by Client at any time for any reason or no reason at all upon written notice <br /> to CivicPlus.Client may publicly refer to itself as a customer of the CivicPlus Services,including on Client's website and in sales <br /> presentations.Notwithstanding the foregoing,Each Party hereby grants the other a limited,worldwide,license to use the other's <br /> logo in conformance with such Party's trademark usage guidelines and solely for the purpose set forth in this §28. In no event <br /> will either party issue a press release publicly announcing this relationship without the approval of the other party,such approval <br /> not to be unreasonably withheld. <br /> Limitation of Liability <br /> 29. CivicPlus'liability arising out of or related to this Agreement,or any associated SOW,will not exceed the Annual Recurring <br /> Services amounts paid by Client in the year prior to such claim of liability. <br /> 30. In no event will CivicPlus be liable to Client for any consequential,indirect,special,incidental,or punitive damages arising <br /> out of or related to this Agreement. <br /> 31. The liabilities limited by Section 29 and 30 apply:(a)to liability for negligence;(b)regardless of the form of action,whether <br /> in contract,tort,strict product liability,or otherwise;(c)even if Client is advised in advance of the possibility of the damages in <br /> question and even if such damages were foreseeable;and(d)even if Client's remedies fail of their essential purposes.If applicable <br /> law limits the application of the provisions of this Limitation of Liability section, CivicPlus' liability will be limited to the <br /> maximum extent permissible. <br /> Warranties and Disclaimer <br /> 32. Each person signing the SOW,or otherwise agreeing to the terms of this Agreement,represents and warrants that he or she <br /> is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and <br /> this Agreement.Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance <br /> of such Party's obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding <br /> on such Party and enforceable in accordance with its terms. <br /> 33. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, <br /> and free of any material defect. CivicPlus warrants to the Client that,upon notice given to CivicPlus of any defect in design or <br /> fault or improper workmanship,CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding,and will have <br /> no responsibility for,any claim arising out of: (i)a modification of the Services made by anyone other than CivicPlus,even in a <br /> situation where CivicPlus approves of such modification in writing;or(ii)use of the Services in combination with a third party <br /> service,web hosting service,or server not authorized by CivicPlus. <br /> 34. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, CNICPLUS HEREBY DISCLAIMS ALL <br /> WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED <br /> WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR <br /> COURSE OF DEALING. <br /> 5 of 7 <br />
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