Item 17 - Agreement with TPX Communications for Telecom Services

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2/24/2021 Quote: 397773 / City of Santa Ana - Dash https://dash.tpx.com/ribeye/service/file?id=1377739&deleteAfterServing=1&inline=1 11/21 Downsize Services without Incurring ETF set forth at www.tpx.com/downsize.pdf ` Month-to-Month Renewal After Current Term set forth at www.tpx.com/M2Mcurrent.pdf ` Month-to-Month Renewal After Initial Term set forth at www.tpx.com/M2Minitial.pdf ` Waive ETF After Merger or Acquisition set forth at www.tpx.com/merger.pdf ` Additionally by signing below, the person signing on behalf of Customer (i) personally represents and warrants to TPx that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement, including the Addenda incorporated by reference below, (ii) consents to receiving electronic communications from TPx via the email address provided in Section 1 of this Agreement and (iii) acknowledges that he or she has reviewed and agreed to each Addendum hereto. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF DISPUTES AND WAIVES RIGHTS TO JURY TRIALS AND CLASS ACTIONS. This Agreement will become a binding contract upon execution by Customer and TPx. ELECTRONIC CONTRACTING AND SIGNATURE ACKNOWLEDGMENT. To the extent that Customer executes this Agreement electronically, Customer agrees that (i) the Agreement (including all Addenda) is an electronic contract executed by Customer using Customer’s electronic signature, (ii) Customer’s electronic signature signifies Customer’s intent to enter into the Agreement (including all Addenda) and that the Agreement (including all Addenda) be legally valid and enforceable in accordance with its terms to the same extent as if Customer had executed the Agreement using its written signature and (iii) the authoritative copy of the Agreement (“Authoritative Copy”) shall be that electronic copy that resides in a document management system designated by TPx for the storage of authoritative copies of electronic records, which shall be deemed held by TPx in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is converted by printing a paper copy which is marked by TPx as the original (the “Paper Contract”), then Customer acknowledges and agrees that (1) Customer’s signing of the Agreement with Customer’s electronic signature also constitutes issuance and delivery of such Paper Contract, (2) Customer’s electronic signature associated with the Agreement, when affixed to the Paper Contract, constitutes Customer’s legally valid and binding signature on the Paper Contract and (3) subsequent to such conversion, Customer’s obligations will be evidenced by the Paper Contract alone. X Agreed by: Customer Signature Date Customer Name (Print)Title Sales Representative Name Phone Approved as to form:______________________ Laura A. RossiniENV91971328-9742-EAEE-4663-DBAC 03/11/2021 21:41 PM UTC 2132334014Eric Mark