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25D - AGMT - E-PROCUREMENT SERVICES
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25D - AGMT - E-PROCUREMENT SERVICES
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Last modified
8/1/2013 10:50:59 AM
Creation date
8/1/2013 9:35:53 AM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25D
Date
8/5/2013
Destruction Year
2018
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Other Provisions. <br />a) Notices. PlanetBids shall provide notice to Customer via email, or (at its <br />discretion) via certified U.S. Mail, to the address provided on the membership registration or <br />such other address provided by Customer to PlanetBids. Customer shall provide notice to <br />PlanetBids via email to customerservice(aPlanetBids.com, with a copy sent via certified U.S. <br />Mail to the address on the membership registration. Notices will be effective 6 hours after <br />sending if sent via email (unless the sender receives a response indicating that the message <br />was undelivered) or 3 business days after the mailing date, whether or not received. <br />b) Assignment. Customer shall not assign this Agreement or any of its rights or <br />obligations without the prior written consent of PlanetBids, and any such attempted assignment <br />will be void. Subject to the above, this Agreement will be binding upon the parties' respective <br />successors and permitted assigns. <br />C) No Waiver. The failure of PlanetBids to exercise or enforce any right or <br />provision under this Agreement will not constitute a waiver of such right or provision. If any <br />provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties <br />nevertheless agree that the court should endeavor to give effect to the parties' intentions as <br />reflected in the provision, and the other provisions of the these terms and conditions shall <br />remain in full force and effect. <br />d) Governing Law. The interpretation and enforcement of this Agreement shall be <br />governed by laws of the United States of America and the State of California, excluding its <br />choice of law rules and subject to the exclusive jurisdiction of the court located in Los Angeles <br />County, California. <br />e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform <br />any obligation under this Agreement if such failure is caused by Internet outages or delays, <br />unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of <br />God, or the occurrence of any other unforeseen contingency beyond the reasonable control of <br />PlanetBids. <br />AGREED effective as of the date first written above. <br />PLANETBIDS, INC. CUSTOMER: <br />By: By. <br />Alan Zavian, CEO & President <br />(Date) <br />(Name) <br />(Title) <br />(Date) <br />©2000-2013 PlanetBids, Inc (818) 992-1771 <br />Confidential & Proprietary, R15914-10 <br />"For Government Review Only. Exempt from Release Un2ryb dg of Information ACT ("FOIA") Pursuant to 5 USC 552 (b) (4)"
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