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Transaction Network Services Inc. 3/25/2022
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Transaction Network Services Inc. 3/25/2022
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Last modified
4/22/2022 2:12:31 PM
Creation date
4/22/2022 2:11:49 PM
Metadata
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Template:
Contracts
Contractor's Name
Transaction Network Services Inc.
Approval Date
3/25/2022
Department
Purchasing
Department Project Manager
Theresa Bauccio-Teschlog/Ruben Sanchez
Subject / Project Title
Credit Card Services Everpark Garage
Tracking Number
0003310
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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2.1.1. TNS: <br /> 2.1.1.1. is entitled to terminate this Service Schedule and/or the Agreement; <br /> 2.1.1.2. is requested to suspend by government or other competent authority; <br /> 2.1.1.3. for any bona fide reason considers it necessary to do so,including without limitation, <br /> if the Client has breached any of its obligations; <br /> 2.1.2. TNS's Sponsor terminates or suspends its sponsorship arrangement with TNS; <br /> 2.1.3. the Client fails to maintain any necessary Client agreement or other third-party agreement. <br /> 2.1.4. there are issues caused by the use of the Services in a manner not contemplated by TNS or this <br /> Agreement unless such incorrect use results from a failure by TNS to adequately specify how to <br /> use the Services; <br /> Nothing in clause 2.1 limits the Client's rights or remedies against TNS in circumstances where TNS's breach of <br /> agreement,fault,negligence or omission caused or contributed to the relevant suspension of the Services. <br /> The Client is not entitled to any credit or refund of fees in respect of any period during which access to any Services is <br /> suspended due to the Client's breach,fault,negligence or omission. <br /> If TNS suspends the Services due to the Client's breach,fault,negligence or omission and TNS subsequently agrees to <br /> reconnect the Services,the Client must reimburse TNS all reasonable costs and expenses incurred in <br /> suspending and recommencing the Services. <br /> Where during the Term there is an increase in the fees charged by vendors to TNS in relation to the Services <br /> ("Increased Cost"),then TNS may increase the Fees to the extent reasonably necessary to recover the <br /> Increased Cost by giving 30 days prior written notice to the Client,subject to: <br /> 2.1.5. TNS providing documentary evidence of the relevant increase in fees to the Client;and <br /> 2.1.6. the increase in the fee being generally levied,imposed or applied to other relevant customers of <br /> TNS. <br /> COPYING <br /> The Client cannot make copies of any software supplied or provided by TNS. <br /> 3. INTELLECTUAL PROPERTY <br /> Client understands that the services set forth herein are not exclusive to Client.Client also understands and agrees that <br /> TNS owns any and all intellectual property rights in relation to any and all of the Services provided to <br /> Client under this Service Schedule. Client agrees that TNS retains ownership of all intellectual property <br /> rights in the Services(including any associated software and documentation)as well as any modifications <br /> thereto,and Client shall have no rights therein or thereto other than the right to use them in accordance with <br /> the terms of this Service Schedule and the Agreement. <br /> The Client will not reverse assemble,reverse compile or create source code from any software Client accesses through <br /> the Services. <br /> The Client must immediately notify TNS in writing of any actual,suspected or anticipated infringement of TNS's <br /> intellectual property rights that comes to the Client's attention. <br /> The Client agrees to provide reasonable assistance to TNS with any enforcement of TNS's intellectual property rights. <br /> 15 <br />
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