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with one or more of the Rights Grantor's Charging Stations. A Rights Grantor shall be deemed to have <br />granted Rights to the entity that will be responsible for creating Subscriber's account and Provisioning <br />Subscriber's Charging Stations. Such deemed grant may be terminated by Subscriber at any time, <br />2.19 "ServicePlan(s)"means subscription plans to the Charge Point Services which are offered <br />and sold by CPI from time to time, which vary according to their features, privileges and pricing. <br />2.20 "Subscriber" means the City of Santa Ana, <br />2.21 "Subscriber Content and Services" means any content and/or services that a Subscriber <br />provides or makes available to Users and/or the general public in connection with the ChargePoint <br />Services, other than Content, ChargePoint Services and CPI Property. <br />2.22 "Subscriber Marks" means the various trademarks, service marks, trade names, logos, <br />domain names, and other distinctive brand features and designations used by Subscriber in connection <br />with its business and/or Charging Stations. <br />2.23 "Subscriptlon Fees" means the fees payable by Subscriber for subscribing to any <br />ChargePoint Services. <br />2.24 'Taxes" shall mean all present and future taxes, imposts, levies, assessments, duties or <br />charges of whatsoever nature Including without limitation any withholding taxes, sales taxes, use taxes, <br />service taxes, value added or similar taxes at the rate applicable for the time being imposed by any <br />national or local government, taxing authority, regulatory agency or other entity together with any <br />penalty payable In connection with any failure to pay or any delay in paying any of the same and any <br />Interest thereon. <br />2.25 'Token(s)" means the serialized proof of purchase of a Service Plan that is used by CPI In <br />connection with enabling Services and/or provisioning Charging Stations. <br />2.26 "User" means any person using a Charging Station. <br />3. AVAILABLE CHARGEPOINT SERVICES & SERVICE PLANS, <br />AdescriptionofthevariousChargePoint <br />Services and Service Plans currently available for subscription is located on the CPI website. CPI may make <br />other ChargePoint Services and/or Service Plans available from time to time, and may amend the features <br />or benefits offered with respect to any ChargePoint Service or Service Plan at any time and from time to <br />time. Subscription Fees are based on Subscriber's choice of Service Plan and not on actual usage of the <br />Subscription. <br />4�CPI'S-RESPONSIBIL-ITIES-AND-AGREEMEN-TSS-------------- <br />4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for: <br />(i) provisioning and operating, maintaining, administering and supporting ChargePoint and related <br />infrastructure (other than Subscriber's Charging Stations and infrastructure for transmitting data from <br />Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, <br />administering and supporting the ChargePoint Applications; and (iii) operating ChargePoint in compliance <br />with all applicable laws. CPI will protect the confidentiality and security of PH in accordance with all <br />applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the <br />security of "cardholder data" (as that term is defined for purposes of the Payment Card Industry— Data <br />Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of <br />Subscriber or for any impact, if any, on the security of Subscriber's cardholder data environment. <br />4.2 LIMITATIONS ON RESPONSIBLITY. CPI shall not be responsible for, and makes no <br />representation or warranty with respect to the following: (1) specific location(s) or number of Charging <br />Stations now, or in the future, owned, operated and/or installed by persons otherthan Subscriber, or the <br />Page 3 of 18 <br />75A-59 <br />