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ACCELA #2024626
City of Pleasanton
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ACCELA #2024626
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Last modified
12/13/2024 1:57:25 PM
Creation date
9/17/2024 10:03:36 AM
Metadata
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CONTRACTS
Description Type
Professional Services
Contract Type
New
NAME
ACCELA #2024626
Contract Record Series
704-05
Munis Contract #
2024626
Contract Expiration
6/30/2025
NOTES
7 YEAR TERM IT SERVICES
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20201023 <br /> <br /> <br />granted to Customer with respect to Subscription Services and intellectual property will immediately <br />terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement <br />will immediately terminate, except as mutually agreed between the parties. If the Subscription Services <br />are nearing expiration date or are otherwise terminated, Accela will initiate its data retention processes, <br />including the deletion of Customer Data from systems directly controlled by Accela. Accela’s current <br />Data Storage Policy can be accessed www.accela.com/terms/. <br />12.5 Survival. Sections 2.5 (Ownership and Proprietary Rights), 4 (Confidentiality), 6.3 (Disclaimer), 8 <br />(Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General <br />Provisions) will survive any termination or expiration of this Agreement. <br />13. GENERAL. <br />13.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals <br />hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three <br />days after sending registered, return receipt requested, post or; (iii) one day after sending by <br />commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing <br />when entering into this Agreement or establishing Customer’s account for the Subscription Services. <br />13.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by <br />the laws of the State of California without regard to its conflict of laws provisions. The exclusive <br />jurisdiction and venue of any action related to the subject matter of this Agreement will be the state and <br />federal courts located in the Northern District of California and each of the parties hereto waives any <br />objection to jurisdiction and venue in such courts. <br />13.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect <br />to its activities under this Agreement including, but not limited to, export laws and regulations of the <br />United States and other applicable jurisdictions. Further, in connection with the services performed <br />under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply <br />with all applicable anti-corruption and anti-bribery laws, statutes and regulations. <br />13.4 Assignment. Customer may not assign or transfer this Agreement, whether by operation of law <br />or otherwise, without the prior written consent of Accela, which shall not be unreasonably withheld. <br />Any attempted assignment or transfer, without such consent, will be null and void. Subject to the <br />foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors <br />and permitted assigns. <br />13.5 Publicity. Notwithstanding anything to the contrary, each party will have the right to publicly <br />announce the existence of the business relationship between parties without disclosing the specific <br />terms of the Agreement. <br />13.6 Miscellaneous. No failure or delay by either party in exercising any right under this Agreement will <br />constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein <br />are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision <br />of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be <br />modified by the court and interpreted so as best to accomplish the objectives of the original provision to <br />the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. <br />Accela will not be liable for any delay or failure to perform under this Agreement to the extent such <br />DocuSign Envelope ID: 96484B19-3CC2-4240-A159-C4D5328D665BDocusign Envelope ID: 6C4D5033-0188-44F9-9A92-B404B97E7B52
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