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CHARGEPOINT INC.
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Last modified
8/29/2018 2:36:47 PM
Creation date
8/29/2018 2:26:00 PM
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Contracts
Company Name
CHARGEPOINT INC.
Contract #
A-2018-144
Agency
FINANCE & MANAGEMENT SERVICES
Council Approval Date
6/5/2018
Destruction Year
0
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DocuSlgn Envalope ID: 1513O6A35-DCA7-4C94.906A•907FA60A06E9 <br />right or authority to assume or create any obligations of any kind or to make any representation or <br />warranty on behalf of the other Party, whether express or implied, orto bind the other Party In any respect <br />whatsoever. <br />11.12 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the <br />entire agreement between the Parties with respect to the subject matter hereof and supersedes and <br />cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, <br />representations and writings. All purchase orders issued by Subscriber shall state that such purchase <br />orders are subject to all of the terms and conditions of this Agreement, and contain no other term other <br />than the type of Service Plan, the number of Charging Stations for which such Service Plan Is ordered, the <br />term of such Service Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency <br />between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail. <br />Notwithstanding any language to the contrary therein, no terms or conditions stated in any other <br />documentation shall be incorporated Into or form any part of this Agreement, and all such purported <br />terms and conditions shall be null and void, <br />11.13 COPYRIGHT POLICIES. It is CPI's policy to respond to notices of alleged copyright <br />Infringement that comply with applicable international intellectual property law (including, in the United <br />States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. <br />11.14 THIRD PARTY RESOURCES, The ChargePoint Services may include hyperlinks to other <br />websites or resources. CPI has no control over any web sites or resources that are provided by companies <br />or persons other than CPI. Subscriber acknowledges and agrees that CPI Is not responsible for the <br />availability of any such web sites or resources, CPI does not endorse any advertising, products or other <br />materials on or available from such web sites or resources, and CPI is not liable for any loss or damage <br />that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, <br />accuracy or existence of any advertising, products, or other materials on, or available from, such websltes <br />or resources. <br />11.15 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of <br />which shall be deemed an original, but all of which, taken together, shall constitute but one and the same <br />document. <br />11.16 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriberwlth a <br />translation of the English language version of this Agreement, Subscriber agrees that the translation is <br />provided for Subscriber's convenience only and that the English language version of this Agreement <br />governs Subscriber's relationship with CPI. If there is any conflict between the English language version <br />of this Agreement and such translation, the English language version will prevail. <br />Page 13 of 20 <br />
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