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SMART ENERGY SYSTEMS, INC. DBA SMART ENERGY WATER
City of Pleasanton
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SMART ENERGY SYSTEMS, INC. DBA SMART ENERGY WATER
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Last modified
10/15/2024 9:58:45 AM
Creation date
9/24/2024 8:47:24 AM
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CONTRACTS
Description Type
Professional Services
Contract Type
Amendment
NAME
SMART ENERGY SYSTEMS, INC. DBA SMART ENERGY WATER
Contract Record Series
704-05
Munis Contract #
2024086
Contract Expiration
6/30/2025
NOTES
SECOND AMENDMENT - SOFTWARE SERVICES AGREEMENT FOR CITY'S CUSTOMER SERVICE WEB PORTAL
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Contract #2024086 <br />Second Amendment Page 2 <br /> <br /> <br />claim. Coverage shall be sufficiently broad to respond to the duties and <br />obligations as is undertaken by Consultant in this Agreement and shall include, <br />but not be limited to, claims involving infringement of intellectual property, <br />including but not limited to infringement of copyright, trademark, trade dress, <br />invasion of privacy violations, information theft, damage to or destruction of <br />electronic information, release of private information or personally identifiable <br />information (PII), alteration of electronic information, extortion, and network <br />security. The policy shall provide coverage for breach response costs as well as <br />regulatory fines and penalties, and credit monitoring expenses with limits <br />sufficient to respond to these obligations. <br /> <br />d. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br />against the City, its officers, employees and agents. <br />e. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with <br />defense costs payable in addition to policy limits. There shall be no cross-liability <br />exclusions. <br /> <br />f. Subcontractors. Consultant shall include all subcontractors as insured under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated in this Agreement, including but not limited naming <br />additional insureds. <br /> <br />2. This Second Amendment may be executed in multiple counterparts, each of which shall <br />be an original and all of which together shall constitute one agreement. Counterparts <br />may be delivered via facsimile, electronic mail (including pdf or any electronic signature <br />complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br />Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other <br />applicable law) or other transmission method, and any counterpart so delivered shall be <br />deemed to have been duly and validly delivered and be valid and effective for all <br />purposes. <br /> <br />3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: 3DDFA9CE-559E-4B7B-A161-91D422F4B0BE
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