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PLANT CML
City of Pleasanton
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LONG TERM AGREEMENT
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PLANT CML
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
5/31/2011
LONG TERM AGREEMENTS - NAME
PLANT CML (MOU)
LONG TERM AGREEMENTS - TYPE
MOU AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
LPFD & CITY OF PTOWN
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Licensee may modify the persons who are authorized to access the System by providing advance written notice to <br /> Cassidian Communications. <br /> 3.2 Concurrent Users: Licensee may authorize access for the number of simultaneous,concurrent users of the <br /> web interface software at any given time. Passwords provided for web access may be used only by authorized <br /> personnel. Neither Licensee nor its authorized personnel shall divulge,sublicense,assign or transfer to any third party <br /> passwords established for access to the System. <br /> 3.3 Support Inquiries: Only those individuals with specialized training and authority may request support <br /> assistance for the System. Additional information is set forth in Schedule B. <br /> 4 Trainine and Support Services;Licensee Data. <br /> 4.1 Training. Training,if purchased by Licensee,is set forth in Schedule A. <br /> 4.2 Subject to the terms and conditions of this Agreement and provided that Licensee pays all applicable fees <br /> related to the license and Hosting Services, Cassidian Communications shall provide Licensee with support described <br /> in this Agreement and as more particularly described in Cassidian Communications'Technical Service Center Support <br /> Plan attached hereto as Schedule B,and incorporated herein by reference. <br /> 4.3 Licensee Data.Licensee shall have responsibility for the accuracy or functionality of any data it places into <br /> the System("Licensee Data")and for adherence to any privacy act or regulation regarding such Licensee Data it selects <br /> and stores onto the System. Regarding any self registration portal tool purchased or licensed by Licensee through or <br /> with Cassidian Communications,Licensee shall assume all duties,obligations and compliance with any applicable law <br /> regarding its use,including but not limited to the gathering,storage and dissemination of such Licensee Data. Licensee <br /> also shall be solely responsible for communicating any applicable notices or terms of use to its registrants. These <br /> duties and obligations are non-delegable by Licensee to Cassidian Communications. <br /> 5 Warranty. <br /> 5.1 Hosting Warranty. Cassidian Communications warrants that during the Initial Service Term and any <br /> renewal term, for ninety-nine percent(99%)of the time,measured monthly,the System or its redundant backup shall <br /> be capable of making automated computerized telephone communications to contacts within the contact database. <br /> 5.2 Software Warranty. Cassidian Communications warrants for the Initial Service Term only that the <br /> Cassidian Communications Software shall perform in material accordance with the Documentation current as of the <br /> Effective Date. ANY AND ALL THIRD PARTY SOFTWARE IS PROVIDED"AS IS"AND WITH ALL FAULTS. <br /> 5.2.1 During the Initial Service Term, Cassidian Communications will provide such assistance as it <br /> deems reasonably necessary to cause the Cassidian Communications Software to perform materially in accordance with <br /> the then current Documentation provided that Licensee's use is in accordance with this Agreement and the <br /> Documentation. <br /> 5.2.2 Licensee may notify Cassidian Communications of Software errors or defects it believes to exist, <br /> and if Cassidian Communications is able to confirm that such error or defect exists through independent testing, <br /> Cassidian Communications will use commercially reasonable efforts to correct such error or defect. <br /> 5.2.3 LICENSEE'S EXCLUSIVE REMEDY, AND CASSIDIAN COMMUNICATIONS' ENTIRE <br /> LIABILITY IN CONTRACT,TORT OR OTHERWISE FOR BREACH OF ANY OF THE ABOVE WARRANTIES <br /> WILL BE TO USE ITS COMMERCIALLY REASONABLE EFFORTS TO PROVIDE A CORRECTION OR WORK <br /> AROUND FOR ANY MATERIAL NONCONFORMITY WHICH IS (i) REPORTED TO CASSIDIAN <br /> COMMUNICATIONS BY LICENSEE WHILE CASSIDIAN COMMUNICATIONS IS OBLIGATED TO <br /> PERFORM SUPPORT SERVICES AND (ii) REPRODUCIBLE BY CASSIDIAN COMMUNICATIONS IN THE <br /> EXECUTION ENVIRONMENT. <br /> 5.3 Limited Warranty. IF THE CASSIDIAN COMMUNICATIONS SYSTEM IS USED IN <br /> EMERGENCY SITUATIONS, THEN THE SYSTEM IS INTENDED TO ONLY INCREASE THE <br /> NOTICE WHICH WILL BE GIVEN. THERE IS AND CAN NOT BE ANY GUARANTEE THAT ALL <br /> PERSONS INTENDED TO BE CONTACTED WILL BE CONTACTED. CASSIDIAN <br /> COMMUNICATIONS ACCEPTS NO RESPONSIBILITY FOR ANY FAILURE OF THE CASSIDIAN <br /> COMMUNICATIONS SYSTEM TO CONTACT ANY PERSON OR PERSONS AND IS NOT <br /> RESPONSIBLE FOR ANY DAMAGE OR INJURY WHICH RESULTS FROM ANY FAILURE TO <br /> CONTACT ANYONE. <br /> 5.4 Disclaimer of Warranties. THE EXPRESS WARRANTIES IN THIS SECTION 5 ARE EXCLUSIVE <br /> AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES. CASSIDIAN COMMUNICATIONS <br /> DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT <br />
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