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2016/05/25 Council Agenda Packet
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2016/05/25 Council Agenda Packet
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6/1/2016 10:30:30 AM
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Council Agenda Packet
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5/25/2016
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15 . <br /> ("Third Party Transaction Services")fees and will be invoiced on the following,subject to the per minute <br /> and per message pricing identified in Exhibit C-4,attached hereto: <br /> 1. Percentage of trips receiving callbacks monthly <br /> 2. Percentage of trips receiving SMS messaging notifications monthly <br /> 3. Number of monthly IVR voice minutes <br /> 4. Monthly SMS messages <br /> 7. The parties acknowledges and agree, the Third Party Transaction Services are provided"as is"and <br /> "as available". TripSpark disclaims all representation and warranties, express, implied, or statutory, <br /> including the implied warranties of merchantability, fitness for a particular purpose,and non-infringement. <br /> In addition,TripSpark makes no representation,warranty or guarantee regarding the reliability,timeliness, <br /> quality, suitability, or availability of the Third Party Transaction Services or that such Third Party <br /> Transaction Services will be uninterrupted or error-free. <br /> 8. The parties agree the TripSpark Ripple Notifications(Inbound and Outbound) Software license fees, <br /> implementation services fees, maintenance fees, Third Party Transaction Services' fee and TripSpark <br /> PASS-IVR (Confirm/Cancel, CallBacks) Software maintenance fees shall be due and payable in <br /> accordance with Exhibit C-4 and Exhibit F-4,attached hereto. <br /> 9. Notwithstanding anything to the contrary under the Agreement,the parties agree TripSpark shall not <br /> provide a warranty for the TripSpark Ripple Notifications(Inbound and Outbound)Software product. <br /> I0. All remaining terms, conditions, and covenants of the Agreement remain unchanged and shall be <br /> applicable to the obligations of the parties relating to the TripSpark Ripple Notifications (Inbound and <br /> Outbound)Software product. <br /> I I. In consideration of the promises herein,Customer releases and discharges TripSpark from any and <br /> all liability and obligation,in any all respects,as it relates to the TripSpark PASS-IVR(Confirm/Cancel, <br /> CaliBacks)Software products front the date of Software Acceptance by Customer of the TripSpark Ripple <br /> Notifications(Inbound and Outbound)Software product. <br /> 12. All other terms and conditions of the Agreement remain unchanged. <br /> IN WITNESS WHEREOF, the parties have caused this Contract Amendment #4 to be signed by their <br /> duly authorized representatives as of the date above. <br /> T' E .• S* ' GROUP,INC.: CITY OF EVERETT: <br /> By: - J <br /> Name: 5'Sabr 1 vrA),nxY, -- <br /> Name: <br /> Title: 1Jlf Y t Hila.t, Title: <br /> Amendment#4 Page 2 of 12 <br /> 108 <br />
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