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Master Services Attachment for ServiceElite Scope of Services IBM will provide you Services as described in this Attachment and. if applicable, its Statements of Work and Change Authorizations to support your hardware and software products (called "Eligible Machines." "Eligible Programs," and together "Eligible Products "). Services are available for Eligible Products normally used for business, professional, or trade purposes, rather than personal, family, or household purposes. IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this Attachment and any associated Statements of Work and Change Authorizations. Each Schedule will also identify the Specified Locations at which the Services will be provided. A Specified Location may be your entire information processing environment, or a portion thereof, which may be resident at multiple sites or a single building. The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program support Service as specified in a Schedule. Sales through IBM and IBM Business Partners You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities associated with these Services. Therefore, IBM will provide the Services as described in this Attachment and its associated Statements of Work and Change Authorizations (and their Schedules). Whenever IBM is required to provide notification to you or you are required to provide notification to IBM, each of us also agrees to notify the applicable IBM Business Partner if one is engaged in the transaction. In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for any reason, IBM will so notify you in writing. You may continue to receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another IBM Business Partner of your choice (who may require you to first execute one of their agreements) that is approved to offer you IBM Services, or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing. IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any products or services that they supply to you under their agreements. Each of us agrees that the complete agreement between us about these Services consists of 1) this Attachment and its associated Statements of Work and Change Authorizations, 2) Schedules to this Attachment and its associated Statements of Work and Change Authorizations, 3) supplemental terms referenced in this Attachment and its associated Statements of Work and Change Authorizations, and 4) the IBM Customer Agreement (or any equivalent agreement in effect between us) identified below. Accordingly, in entering into this Attachment you acknowledge that you are not retying upon any representation made by or on behalf of IBM that is not fully and expressly set out in the documents specified above, such as the results of any Services. By signing below for our respective Enterprises, both of us agree to the terms of this Attachment without modification. As used in this Attachment, "you" and "your" refer to the Enterprise identified below. Agreed to: CITY OF SUNNY LES BY I , L1, h1 A �ut5 or1iz0e� d signature Name (type or pri Of L —VR14r A S 4-. C�41 My. Date: Enterprise number: 08638906 Enterprise address: Agreed to: International Business Machines Corporation By 2��- Authorized signature Name (type or print): s/� J N• J / re's Date: Attachment number: MAS27BT APPROVED AS TO FORM Agreement number: SSP4402 _ -- !L _„(, r cTlL'F ?i FNC !?01?6e@tttNSAV %$011O C.otl'a & Ay4-,w4L. �o IBM address: S� NNNY U IS BCH FL 33160 -3635 �11�`(la� IBM CORPORATION 4111 NORTHSIDE PARKWAY ATLANTA, GA 30327 G 2725- 7227 -02 4/2006 (MK076) contract AS27BT (prepared 07/21106 10:31 AVJMART) Page 1 of 5 SI