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d. The Library understands the Brainfuse Program is designed as a student -initiated <br />homework assistance service and may not be used as part of school or class -wide <br />mandated assignments. <br />ARTICLE III - LIABILITY <br />Brainfuse shall not be responsible or liable for any disruption, pause or cessation of the Brainfuse <br />Program or Software caused by actions or events beyond Brainfuse's immediate control, <br />including, but not limited to, Internet disruptions, the Library's computers, hardware <br />malfunctions, firewall restrictions, browser incompatibilities, other systems problems, or the <br />failure of students to attend sessions. <br />ARTICLE IV - COMPENSATION AND EXPENSES <br />Section 4.1 Compensation <br />The Library shall pay to Brainfuse a fee of $20,000.00 for the Brainfuse Program during the <br />duration of this Agreement. Invoice shall be paid within 45 calendar days from receipt of invoice. <br />Brainfuse reserves the right to withhold service pending processing and payment of invoices by <br />the Library. Such compensation shall include any services provided prior to the execution of this <br />Agreement, beginning August 26, 2024. <br />Section 4.2 Expenses <br />Except as provided otherwise herein, the parties to this Agreement shall be responsible for their <br />own expenses, including taxes and general administrative expenses. Brainfuse shall not be <br />responsible for providing the necessary hardware or software (including, but not limited to, <br />computers, speakers, microphones, Internet access, as well as browsers and frrewall <br />modifications) for the proper operation of the Brainfuse Program or Software. <br />ARTICLE V - TERM OF THE AGREEMENT <br />This Agreement shall remain valid through August 25th, 2025 . <br />ARTICLE VI - NOTICES AND LEGAL ADDRESSES OF THE PARTIES <br />Section 6.1 Legal Addresses All notices or other communications required or which may be <br />given hereunder shall be addressed and forwarded as set forth herein. Any such notice if sent to <br />Library shall be addressed as follows: <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714- 647-6956 <br />Executive Director, <br />Library Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />