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TPX COMMUNICATIONS, INC.
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Last modified
4/13/2021 3:11:52 PM
Creation date
4/13/2021 3:07:00 PM
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Contracts
Company Name
TPX COMMUNICATIONS, INC.
Contract #
A-2021-041
Agency
Information Technology
Council Approval Date
4/6/2021
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2/24/2021 <br />Doing Business As (DBA) <br />Quote: 397773 / City of Santa Ana - Dash <br />Legal Composition: [ ] Corporation [ ] General Partnership [ ] LLP [ ] LLC [ ] Sole Proprietorship <br />State Organized <br />20 Civic Center Plz Santa Ana, CA <br />92701 <br />Billing Address <br />Section B Acceptance <br />By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has the <br />authority and power to sign on behalf of Customer and bind Customer to the Agreement (including this Equipment <br />Addendum). THE AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF <br />ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. The Agreement <br />(including this Equipment Addendum) shall become a binding contract upon execution by Customer and acceptance by TPx. <br />ELECTRONIC CONTRACTING AND SIGNATURE ACKNOWLEDGMENT. To the extent that Customer executes the Agreement <br />and/or the Equipment Addendum electronically, Customer agrees that (i) the Agreement (including this Equipment Addendum, <br />as supplemented by each Delivered Equipment Schedule) is an electronic contract executed by Customer using Customer's <br />electronic signature, (ii) Customer's electronic signature signifies Customer's intent to enter into the Agreement (including <br />this Equipment Addendum, as supplemented by each Delivered Equipment Schedule) and that the Agreement (including this <br />Equipment Addendum, as supplemented by each Delivered Equipment Schedule) be legally valid and enforceable in <br />accordance with its terms to the same extent as if Customer had executed the Agreement (including this Equipment <br />Addendum) using its written signature and (iii) the authoritative copy of the Agreement (including this Equipment Addendum, <br />as supplemented by each Delivered Equipment Schedule) ("Authoritative Copy") shall be that electronic copy that resides in a <br />document management system designated by TPx for the storage of authoritative copies of electronic records, which shall be <br />deemed held by TPx in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is converted <br />by printing a paper copy which is marked by TPx as the original (the "Paper Contract"), then Customer acknowledges and <br />agrees that (1) Customer's signing of the Agreement (including this Equipment Addendum) with Customer's electronic <br />signature also constitutes issuance and delivery of such Paper Contract, (2) Customer's electronic signature associated with <br />the Agreement (including this Equipment Addendum, as supplemented by each Delivered Equipment Schedule), when affixed <br />to the Paper Contract, constitutes Customer's legally valid and binding signature on the Paper Contract and (3) subsequent to <br />such conversion, Customer's obligations will be evidenced by the Paper Contract alone. <br />X <br />Agreed by: Customer Signature Date <br />Customer Name (Print) Title <br />Eric Mark 2132334014 <br />Sales Representative Name Phone <br />18/21 <br />=1377739&deleteAkerServing=1&inline=1 <br />
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