My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
FULL AGENDA_2018-10-02 (2)
Clerk
>
Agenda Packets / Staff Reports
>
Housing Authority (1999 - Present)
>
2018
>
10/02/2018
>
FULL AGENDA_2018-10-02 (2)
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
5/8/2019 10:36:13 AM
Creation date
10/3/2018 9:21:25 AM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Date
10/2/2018
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
45
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
EXHIBIT 1 <br />YARD! SYSTEMS, INC, <br />ADDENDUM TO APPLICATION HOSTING AND SOFTWARE LICENSE AGR'EEMIl <br />BETWEEN <br />YARDI SYSTEMS, INC. ("YARDP) AND HOUSING AUTH011 OF THE CITY OF SANTA ANA ("CLIENT") <br />(this "Addendum") <br />Addendum Effective Oslo: September 18, 2015 <br />Yards Client Pin Number: 100033204 <br />Yardl Order Number: 85341 <br />Client and Yard! amend their Voyager Application Hosling and Sottwara License Agreement, dated July 27, 2009, and as amended <br />to date (the "Agreement"), as follows: <br />1. The title of the agreement shall be deleted and replaced with SaaS Subscription Agreement, <br />2, The Site dal llon shall be deleted and replaced with the fallowing definition: <br />"Yardl Cloud" means the hardware, software, storage, firewalls. Intrusion detection devices, load balancing units, switches and <br />other hardware that make up the Yardi Cloud. <br />3. All references to "Site" shall be deleted and replaced with "Yardl Cloud" as defined in motion 2 of this Addendum. <br />4, Section 8(a) (Term) of the Agreement is deleted and replaced with the following: <br />a. Term. This Agreement commenced on the Effective Date and shall remain In full force until September 30, 2016 (the <br />"Initial Term') unless earlier terminated in accord with section 3(c) (Termination for Cause). Upon expiration of the Initial Term, <br />this Agreement shall automatically renew for sucoesslvs 1 -year terms (each a "Renewal Term") unless a party provides written <br />notice of non -renewal at least 30 days prior to explrailon of the then -current (Initial or Renewal) Term, The Inttlal Term and <br />Renewal Terms) shall be collectively referred to as the "Term," <br />5. Section 3(b) (Termination for Convenience) of the Agreement Is deleted and replaced with the following: <br />b. Termination for Convenience. After September 30, 2018, Client may terminate tFils Agreement without cause and for <br />Its convenience upon 39 calendar days prior wrliten notlea. Upon a lerminallgn for convenience, Client shall promptly pay any <br />Undlsputed Pees owed to Yardi as of the elfective data of Client's terminatlon, If Client terminates 1l Agreement pursuant to <br />this section 3(b) (Terminallon for Convenience), Client shall not be entitled to a refund of any ll <br />6. The word "term" In the Agreement where context Indicates use of word "term" to mean contract durall©n shall now be capitalized <br />7. Section 7f a) (Total Hours Included) shall be deleted and replaced with the following: <br />a, Total Hours Included. Client's annual application support allotment is spedfled in Exhibit 2 (Yard! SaaS Subscriptlon <br />Sarvtces and Governance Schedule), Notwithsfanding Ile multi-year Term set forth in section 3(a) (Term), Client's annual Fees <br />and Included annual appllcatlon support allotment apply for annuat periods ending on each Anniversary Date, and shall not <br />include unused application support time from prior annual periods. If Client needs additional application support hours at any <br />time, Client may purchase additional hours at Yardi's then -current prevailing application support rata at the time Clientneeds the <br />hours. <br />8. Notwlthstanding the multi-year Term set forth In section 3(a) (Term), Client agrees to pay Client's annual Fee annually In accord <br />with Exhibit 1 (Replacement Schedule A: Fee Schedule). <br />9. The follawing section is added to the Agreement: <br />Data Use. Yardi may aggregate, compile, and use Client Data in order to improve, develop or enhance the Licensed Programs <br />andlor other services offered, or to be offered, by Yardl; provided that no Cllent Data is Identifiable as originating from, or can be <br />traoed back to, Client or a CIIent customer, tenant or resident In such aggregated form. <br />ill, All references to "appitcalfon hosting,' "ASP," "ASP serv9ce," or "hcsting' shall be deleted and changed to Yard] Cloud Services <br />or Sao$ Hosting defined as follows: <br />"Yards Cloud Services" or 'SaaS Hosting" means installation, maintanance and service of the hardware and soriware <br />comprising the Yards Cloud. <br />Yardl ���"t;tlent <br />' gage 1 of 6 <br />Confidential <br />Preparation Date: 911812315 3,39 PM <br />3-38 <br />
The URL can be used to link to this page
Your browser does not support the video tag.