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Reso 2009-1403
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Reso 2009-1403
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Last modified
7/20/2010 10:44:55 AM
Creation date
4/24/2009 3:46:18 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1403
Date (mm/dd/yyyy)
04/16/2009
Description
Ratify Purchase: Luke Master Meter from Parker Systems & EMS Srvs Agmt w/DPTC
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<br />Enterprise Management System Customer Agreement <br /> <br />Page 7 <br /> <br />prior to the date of such termination. Additionally, notwithstanding any termination of this <br />Agreement, the provisions set forth in Sections 6, 8 and 15 of this Agreement shall survive such <br />termination and remain In full force and effect. <br /> <br />(6) Upon termination of this Agreement, DPT may be requested by the Customer to return all of the <br />Customer's data in a CSV file format for $500. <br /> <br />10. <br /> <br />FORCE MAJEURE <br /> <br />r- <br /> <br />Neither party shall be responsible for any delay or failure of performance resulting from any events or <br />conditions not reasonably within the control of such party, which events or conditions prevent in whole or in <br />part the performance by such party of its obligations hereunder or which renders the performance of such <br />obligations so difficult or costly as to make performance commercially unreasonable. In :;uch event, the <br />party affected shall be excused from performance on a day-to-day basis to the extent of such interference, <br />and the other party shall likewise be excused from the performance of its obligations on a day-for-day basis <br />to the extent such party's obligations relate to the performance so interfered with. <br /> <br />I <br />I <br />r <br /> <br />11. ACCESS SECURITY STANDARDS <br /> <br />The Customer agrees to impose upon Its computer equipment security standards reasonably acceptable to <br />DPTto protect the Services from any unauthorized access or possible unauthorized access. <br /> <br />12. PARTIAL INVALIDITY <br /> <br />The enforceability or invalidity of any provision of this Agreement shall not render any other provision hereof <br />unenforceable or invalid. <br /> <br />13. THIRD PARTIES <br /> <br />Nothing in this Agreement is Intended to confer any rights or remedies under or by reason of this Agreement <br />on any persons other than the parties hereto and their respective legal representatives, successors, and <br />permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation/liability <br />of any third persons to any party to this Agreement, nor shall any provision in this Agreement give any third <br />persons any right or subrogation or action over or against any party to this Agreement. <br />
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