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LN Curtis & Sons 6/3/2024
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LN Curtis & Sons 6/3/2024
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Entry Properties
Last modified
6/4/2024 1:23:17 PM
Creation date
6/4/2024 1:22:49 PM
Metadata
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Template:
Contracts
Contractor's Name
LN Curtis & Sons
Approval Date
6/3/2024
Department
Fire
Department Project Manager
Val Manuel
Subject / Project Title
Curtis Software
Tracking Number
0004375
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Software/SaaS Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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#4833-2294-9365.4 <br /> <br /> <br />3 <br />to or use of any third-party services or products required to enable Customer to access the <br />Services; or (iii) in accordance with Section 5(a)(iii) (any such suspension described in <br />subclause (i), (ii), or (iii), a “Service Suspension”). Provider shall use commercially <br />reasonable efforts to provide written notice of any Service Suspension to Customer and to <br />provide updates regarding resumption of access to the Services following any Service <br />Suspension. Provider shall use commercially reasonable efforts to resume providing <br />access to the Services as soon as reasonably possible after the event giving rise to the <br />Service Suspension is cured. Provider will have no liability for any damage, liabilities, <br />losses (including any loss of data or profits), or any other consequences that Customer or <br />any Authorized User may incur as a result of a Service Suspension. <br />(f) Aggregated Statistics. Notwithstanding anything to the contrary in this <br />Agreement, Provider may monitor Customer's use of the Services and collect and <br />compile Aggregated Statistics. As between Provider and Customer, all right, title, and <br />interest in Aggregated Statistics, and all intellectual property rights therein, belong to and <br />are retained solely by Provider. Customer acknowledges that Provider may compile <br />Aggregated Statistics based on Customer Data input into the Services. Customer agrees <br />that Provider may (i) make Aggregated Statistics publicly available in compliance with <br />applicable law, and (ii) use Aggregated Statistics to the extent and in the manner <br />permitted under applicable law. <br />3. Customer Responsibilities. <br />(a) General. Customer is responsible and liable for all uses of the Services and <br />Documentation resulting from access provided by Customer, directly or indirectly, <br />whether such access or use is permitted by or in violation of this Agreement. Without <br />limiting the generality of the foregoing, Customer is responsible for all acts and <br />omissions of Authorized Users, and any act or omission by an Authorized User that <br />would constitute a breach of this Agreement if taken by Customer will be deemed a <br />breach of this Agreement by Customer. Customer shall use reasonable efforts to make all <br />Authorized Users aware of this Agreement's provisions as applicable to such Authorized <br />User's use of the Services, and shall cause Authorized Users to comply with such <br />provisions. <br />(b) Third-Party Products. Provider may from time to time make Third-Party <br />Products available to Customer. For purposes of this Agreement, such Third-Party <br />Products are subject to their own terms and conditions and the applicable flow-through <br />provisions referred to in Exhibit A. If Customer does not agree to abide by the applicable <br />terms for any such Third-Party Products, then Customer should not install or use such <br />Third-Party Products. <br />4. Service Levels and Support. <br />(a) Service Levels. Subject to the terms and conditions of this Agreement, <br />Provider shall use commercially reasonable efforts to make the Services available in <br />accordance with the service levels set out in Exhibit B.
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