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25B - AGMT - INTERNET SRVS
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12/01/2015
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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
Metadata
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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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1P TIME WARNERCABLE <br />Business Class <br />Special Terms <br />The following language Is added to the Service Agreement and shall take precedence over any conflicting or inconsistent <br />terms therein: <br />Section 14.0 (Limitation of Liability) of the Terms and Conditions Is hereby amended by deleting the words "SIX (6) MONTHS" <br />and replacing them with "TWELVE (12) MONTHS." <br />Section 21.0 (Arbitration) of the Terms and Conditions is hereby amended by removing the phrase "IN THE BOROUGH OF <br />MANHATTAN, CITY OF NEW YORK" and replacing them with "IN ORANGE COUNTY, CALIFORNIA ". <br />Section 22.0 (Governing Law; Jurisdiction; Claims) of the Terms and Conditions Is hereby amended and restated in its <br />entirety to read as follows: <br />22.0 GOVERNING LAW; JURISDICTION; CLAIMS. The interpretation, validity and enforcement of the Master Agreement, <br />and all legal actions brought under or in connection with the subject matter of the Master Agreement, shall be governed by <br />the law of the State of California (except that any conflicts -of -law principles of such state that would result in the application of <br />the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of <br />the Master Agreement shall be brought only in the United States District Court for the Central District of California or, If such <br />court would not have jurisdiction over the matter, then only in a California State court sitting in Orange County, California. <br />Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in <br />connection with the subject matter of the Master Agreement in any other court or forum. Any claim that Customer wishes to <br />assert under the Master Agreement must be initiated not later than one (1) year after the claim arose. <br />Electronic Signature Disclosure <br />you are acknowledging that you have read and agree to the <br />Authorized Signature for Time Warner Cable Enterprises LLC <br />Printed Name and Title <br />Date Signed <br />f; <br />Maria D. Ruizar <br />Clark of Council <br />Page 3 of 3 <br />CITY OF SANTA ANA <br />Authorized Signature for Customer <br />David Cavazos, City Manager <br />Printed Name and Title <br />APPROVED AS TO FORM <br />7Y — 1 j. <br />J6hn M. Funk <br />Assistant City Attorney <br />25B -5 <br />document. <br />
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