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25B - AGMT - INTERNET SRVS
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25B - AGMT - INTERNET SRVS
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Last modified
11/25/2015 3:26:29 PM
Creation date
11/25/2015 2:34:30 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25B
Date
12/1/2015
Destruction Year
2020
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172 The Master Agreement, including the Attachments and the Service Order(s), are subject to all applicable federal, <br />state or local laws and regulations in effect in the relevant jurisdiction(s) in which TWC provides the Services. If any <br />provision of the Master Agreement, the Attachments, or the Service Order(s) contravene or are in conflict with any <br />such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the <br />Master Agreement, the Attachments, and/or the Service Order(s), If the relevant law or regulation applies to some but <br />not all of the Service(s) being provided tinder the Master Agreement, then such law or regulation shall take priority <br />over the relevant provision of the Master Agreement, the Attachments, and the Service Order(s) only for purposes of <br />those Service(s) to which the law or regulation applies. Except as explicitly stated in the Master Agreement, nothing <br />contained in the Master Agreement shall constitute a waiver by TWC of any rights under applicable laws or regulations <br />pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment. <br />18.0 ENTIRE AGREEMENT <br />The Master Agreement, including without limitation all Attachments, sets forth the entire agreement between the <br />Parties with respect to the subject matter hereof and supersedes all previous written or oral agreements or <br />rep7gsentations between the Parties with respect to such subject matter. <br />19.0 ORDER OF PRECEDENCE <br />Each Service shall be provisioned pursuant to the terms and conditions of the Master Agreement. In the event that TWC <br />permits a Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge <br />and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions <br />of any purchase order submitted by Customer, and any different or additional terns contained in such purchase order <br />shall have no force or effect. To the extent that the terms of any Service Agreement or Service Order are inconsistent <br />with the terms of these Terms and Conditions, the terms of the Service Agreement then the terms of the Service Order <br />shall control. <br />20.0 COMPLIANCE WITH LAWS <br />As between the Parties, TWC shall obtain and maintain at its own expense all licenses, approvals and regulatory <br />authority required by law with respect to TWC's operation and provision of the Services as contemplated in the Master <br />Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority <br />required by Law with respect to Customer's use of the Services as contemplated in the Master Agreement. Unless <br />specified otherwise in the Master Agreement, each Party shall give all notices, pay all fees and comply with all laws, <br />ordinances, rules and regulations relating to its performance obligations specified in the Master Agreement. <br />21.0 ARBITRATION <br />EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR <br />FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE MASTER AGREEMENT <br />SHALL BE BROUGHT IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK AND SHALL BE <br />RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION <br />ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE <br />25B -18 <br />
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