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KAIZEN LABORATORIES INC.
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KAIZEN LABORATORIES INC.
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Last modified
3/25/2025 11:08:24 AM
Creation date
3/25/2025 10:53:06 AM
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Contracts
Company Name
KAIZEN LABORATORIES INC.
Contract #
N-2025-059
Agency
Parks, Recreation, & Community Services
Expiration Date
3/25/2028
Insurance Exp Date
5/24/2025
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3.2. Compliance with Laws. Customer will, <br />and will require that its Authorized Users, use <br />the Services and related Documentation only <br />in compliance with Company's Cookie Policy, <br />Privacy Policy, and all applicable laws and <br />regulations. Although Company has no <br />obligation to monitor Customer's use of the <br />Services, Company may do so and may <br />prohibit any use of the Services it believes <br />may be (or alleged to be) in violation of the <br />foregoing. Company agrees to comply with the <br />Health Insurance Portability and Accountability <br />Act (HIPAA) to the extent applicable, ensuring <br />the protection and confidentiality of any <br />protected health information (PHI) processed <br />under this Agreement. Additionally, Company <br />will maintain and adhere to an industry -standard <br />document retention policy to ensure proper <br />management and retention of records. Company <br />will endeavor to update its policies and practices <br />in response to changes in applicable state or <br />local laws. <br />3.3. Export Controls. Customer will not <br />remove or export from the United States or <br />allow the export or re-export of the Services, <br />or anything related thereto or any direct <br />product thereof, in violation of any <br />restrictions, laws or regulations of the United <br />States Department of Commerce, the United <br />States Department of Treasury Office of <br />Foreign Assets Control, or any other United <br />States or foreign agency or authority. As <br />defined in FAR section 2.101, the Company <br />Platform and Documentation are "commercial <br />items" and according to DFAR section <br />252.2277014(a)(1) and (5) are deemed to be <br />"commercial computer software" and <br />"commercial computer software <br />documentation." Consistent with DFAR <br />section 227.7202 and FAR section 12.212, any <br />use modification, reproduction, release, <br />performance, display, or disclosure of such <br />commercial software or commercial software <br />documentation by the U.S. Government will <br />be governed solely by the terms of this <br />Agreement and will be prohibited except to <br />the extent expressly permitted by the terms <br />of this Agreement. <br />3.4. Related Equipment. Except as provided in <br />Exhibit B ("Hardware Terms and Maintenance <br />Terms") below, Customer is responsible for <br />obtaining and maintaining any equipment <br />and ancillary services needed to connect to, <br />access or otherwise use the Services, <br />including, without limitation, modems, <br />hardware, servers, software, operating <br />systems, networking, web servers and the like <br />(collectively, the "Equipment"). Customer is <br />responsible for maintaining the security of <br />the Equipment and related Customer <br />accounts on the Equipment, and for all uses of <br />the Equipment. <br />4. FEES AND PAYMENT <br />4.1. Fees and Payment Terms. Customer will <br />pay Company the fees and any other amounts <br />owing under this Agreement, as specified in <br />the applicable Order Form. Any additional <br />services or hardware not set forth in an Order <br />Form may be subject to additional fees. <br />Unless otherwise specified in the Order Form, <br />Customer will pay all amounts due within 45 <br />days of the date of the applicable invoice. Any <br />amount not paid when due will be subject to <br />finance charges equal to 1.5% of the unpaid <br />balance per month or the highest rate <br />permitted by applicable usury law, whichever <br />is less, determined and compounded daily <br />from the date due until the date paid. <br />Amounts due from Customer under this <br />Agreement may not be withheld or offset by <br />Customer against amounts due to Customer <br />for any reason. All amounts payable under <br />this Agreement are denominated in United <br />States dollars, and Customer will pay all such <br />amounts in United States dollars. <br />4.2. Fee Disputes. If Customer believes that <br />Company has billed Customer incorrectly, <br />Customer must contact Company no later <br />than 60 days after the closing date on the first <br />billing statement in which the error or <br />problem appeared, in order to receive an <br />adjustment or credit. Inquiries should be <br />directed to Company's customer support <br />department. <br />
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