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25G - AGMT MICROSOFT SOFTWARE
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25G - AGMT MICROSOFT SOFTWARE
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Last modified
1/16/2020 6:58:17 PM
Creation date
1/16/2020 6:20:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25G
Date
1/21/2020
Destruction Year
2025
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may submit true -up orders more often to account for increases in Product usage, but an <br />annual true -up order or update statement must still be submitted during the annual order <br />period. <br />(vii)Late true -up order. If the true -up order or update statement is not received when due, <br />Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and <br />Subscription License reductions cannot be reported until the following Enrollment <br />anniversary date (or at Enrollment renewal, as applicable). <br />It. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate <br />may step-up to a higher edition or suite as follows: <br />(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to <br />the true -up process. <br />(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up <br />initially by following the process described in the Section titled "Adding new Products not <br />previously ordered," then for additional step-up Licenses, by following the true -up order <br />process. <br />I. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents <br />submitted with or under this Enrollment, by providing notice by email and a reasonable <br />opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor <br />mistakes, unintentional additions and omissions. This provision does not apply to material <br />terms, such as the identity, quantity or price of a Product ordered. <br />j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance <br />with this Enrollment as set forth in the Enterprise Agreement. <br />3. Pricing. <br />a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all <br />Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. <br />b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its <br />Reseller. Except for Online Services designated in the Product Terms as being exempt from <br />fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, <br />Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the <br />applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished <br />at the beginning of the renewal term. <br />4. Payment terms. <br />For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual <br />installments. . The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and <br />remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent <br />orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront <br />for Online Services and upfront for all other Licenses. <br />5. End of Enrollment term and termination. <br />a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses <br />for Products it has used but has not previously submitted an order, except as otherwise <br />provided in this Enrollment. <br />b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew <br />Products by renewing this Enrollment for one additional 36-month term or by signing a new <br />Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal <br />order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. <br />EA20201 EnfGov(US)SLG(ENG)(0ct2019) <br />Page 5 of 10 <br />Document X20-10635 <br />25G-34 <br />
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