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GENERAL TERMS AND CONDITIONS
<br />1. UUNET Technologies, Inc. ("UUNET") exercises no control over, and accepts no responsibility for, the content of the information passing through UUNET's host
<br />computers, network hubs and points of presence (the "UUNET Network"), EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 BELOW, UUNET (a) MAKES
<br />NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS
<br />ANY WARRANTY OF TITLE, MERCHANTABILITY, NON -INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any Information obtained
<br />via the UUNET Network is at Customer's own risk. UUNET specifically denies any responsibility for the accuracy or quality of information obtained through its
<br />services, UUNET shall not be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake,
<br />labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures,
<br />transportation difficulties, or other occurrences which are beyond UUNET's reasonable control,
<br />2. All use of the UUNET Network and the service must comply with the then -current version of the UUNET Acceptable Use Policy ("Policy") which is made a part of
<br />this Agreement and is available at the following URL: wwwuu.net/terms. UUNET reserves the right to amend the Policy from time to time, effective upon
<br />posting of the revised Policy at the URL or other notice to Customer. UUNET reserves the right to suspend the service or terminale this Agreement effective
<br />upon one (1) days' notice for a violation of the Policy. Customer agrees that UUNET shall not be liable for any losses, damages, costs or expenses resulting
<br />from any third party claim or allegation ("Claim") arising out of or relating to use of a service, including any Claim which, if true, would constitute a violation of the
<br />Policy.
<br />3, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF
<br />OR RELATE TO THIS AGREEMENT OR THE SERVICE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES FOR LOSS
<br />OF DATA RESULTING FROM DELAYS, NON -DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
<br />4. Any Internet Protocol numbers ("IP Numbers") assigned to Customer by UUNET in connection with the service shall be used only in connection with the service.
<br />In the event Customer discontinues use of a service for any reason, or this Agreement expires or is terminated for any reason, Customer's right to use the IF
<br />Numbers shall terminate.
<br />5, Except otherwise noted herein, payment and invoicing shall be pursuant to FAR 52.212-4 (MAY 1999). Accounts unpaid 60 days after payment Is due may
<br />have service interrupted or terminated. Such Interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate
<br />Customer's service relieves Customer of the obligation to pay the Monthly Fee. Prices are exclusive of any taxes which may be levied or assessed upon the
<br />Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer Is exempt from otherwise applicable taxes, Customer must
<br />submit its tax Identification number and exemption certificate at the same time it submits this Agreement.
<br />6. Billing for UUNET service will commence when a UUNET hub and a functioning telephone circuit are prepared to route IP packets to Customer's site ("Service
<br />Activation Date"). The Start-up Charge is invoiced upon acceptance of this Agreement by UUNET Charges for Equipment shall be invoiced upon shipment.
<br />Service Is Invoiced monthly in advance, and may be canceled upon delivery of written notice to UUNET specifying a termination dale; provided that Customer
<br />pays the following cancellation charges: 60+ days' notice (no charge); 30-59 days' notice (one month's telco line charges); less than 30 days' notice (two
<br />months' telco line charges). UUNET may increase Customer's telco line charge at any time if the telco line provider increases its rates.
<br />7, The Service Level Agreement ("SLA") for this service, which is made a part of this Agreement, is set forth at www.uunet/terms. UUNET reserves the right to
<br />amend the SLA from time to time effective upon posting of the revised SLA to the URL or other notice to Customer; provided, that in the event of any
<br />amendment resulting in a material reduction of the SLA's service levels or credits, Customer may terminate this Agreement without penalty by providing UUNET
<br />written notice of termination during the 30 days following notice of such amendment. The SLA sets forth Customer's sole remedies for any claim relating to this
<br />service or the UUNET Network, including any failure to meet any guarantee set forth in the SLA, UUNET's records and data shall be the basis for all SLA
<br />calculations and determinations. Notwithstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shall not exceed
<br />the Monthly Fee and/or Start-up Charge which, absent the credit, would have been charged for UUNET service that month (collectively the "UUNET Fees");
<br />provided, that the maximum amount of credit for failure to meet the Availability Guarantee shall not exceed the sum of (a) the UUNET Fees, plus (b) the telco
<br />line charge which, absent the credit, would have been charged for such month.
<br />8. Neither party may use the other party's name, trademarks, tradenames, or other proprietary identifying symbols without the prior written approval of the other
<br />party. Neither party may assign or transfer any of its rights or obligations under this Agreement without the express, prior written consent of the other party;
<br />provided, that either party may assign or transfer this Agreement to any affiliate of such party upon advance written notice to the other party, No failure on the
<br />pad of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial
<br />exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
<br />9. WorldCom, Inc or Its affiliates or subcontractors may perform some or all of UUNET's duties and/or obligations hereunder.
<br />10. UUNET warrants that the UUNET Network and the service provided hereunder shall be in compliance with all applicable laws, rules, and regulations.
<br />Customer's sole and exclusive remedy for any failure to comply with this Section shall be to terminate this Agreement without penalty upon written notice to
<br />UUNET.
<br />11. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under applicable federal laws and procurement regulations
<br />(for federal government entities), or applicable laws and procurement regulations of the state In which service Is provided (for state & local government or
<br />educational entities), without application of conflicts of laws principles.
<br />12. This Agreement supersedes all previous and contemporaneous written and oral representations, understandings, or agreements related to the subject matter
<br />herein and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Activation of service shall indicate UUNET's acceptance
<br />of this Agreement. Use of the UUNET Network constitutes acceptance of this Agreement.
<br />AGREED AND ACCEPTE BY CUST70 R:
<br />Signature: ER✓�°y Organization Name: City of Santa Ana
<br />Printed Name: Thomas J. GPrqk1n Address:
<br />20 Civic Center Plaza
<br />Title: Manager, Information Services Santa Ana, CA 92701
<br />Date: 22 nntoher 2001 Telephone:714-647-6958 Fax: 714-647-5406
<br />Ur1DIRECT GOVERNMENT PROMO -10/6/00
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