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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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5/1/2025 3:18:20 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
15
Date
5/6/2025
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malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the <br />Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). <br />Flock will make commercially reasonable efforts to provide written notice of any Service <br />Interruption to Customer, to provide updates, and to resume providing access to Flock Services <br />as soon as reasonably possible after the event giving rise to the Service Interruption is cured. <br />Flock will have no liability for any damage, liabilities, losses (including any loss of data or <br />profits), or any other consequences that Customer or any Authorized End User may incur as a <br />result of a Service Interruption. To the extent that the Service Interruption is not caused by <br />Customer's direct actions or by the actions of parties associated with the Customer, the time will <br />be tolled by the duration of the Service Interruption (for any continuous suspension lasting at <br />least one full day). For example, in the event of a Service Interruption lasting five (5) continuous <br />days, Customer will receive a credit for five (5) free days at the end of the Term. <br />2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End <br />User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or <br />attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of <br />the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of <br />Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or <br />illegal activities; (d) Customer has violated any term of this provision, including, but not limited <br />to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any <br />unauthorized access to Flock Services through Customer's account ("Service Suspension"). <br />Customer shall not be entitled to any remedy for the Service Suspension period, including any <br />reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the <br />Term will be tolled by the duration of the Service Suspension. <br />2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other <br />hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. <br />In the event any such hazardous materials are discovered in the designated locations in which <br />Flock is to perform services under this Agreement, Flock shall have the right to cease work <br />immediately. <br />
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