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75A - PH ELECTRIC VEHICLE FEE
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75A - PH ELECTRIC VEHICLE FEE
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Last modified
2/1/2018 7:04:35 PM
Creation date
2/1/2018 7:10:55 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
75A
Date
2/6/2018
Destruction Year
2023
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total number of Charging Stations that comprise ChargePoint; (il) continuous availability of electrical <br />service to any of Subscriber's Charging Stations; (lil) continuous availability of any wireless or cellular <br />communications network or Internet service provider network necessary for the continued operation by <br />CPI of ChargePoint; (iv) availability of or Interruption of the ChargePoint Network attributable to <br />unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the <br />ChargePoint Network. <br />5. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS. <br />5.1 GENERAL. <br />(a) All use of ChargePoint and ChargePoint Services by Subscriber, Its employees and <br />agents and Its grantees of Rights shall comply with this Agreement and all of the rules, limitations and <br />policies of CPI set forth In the Documentation. All ChargePoint Services account details, passwords, keys, <br />etc. are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights), and <br />Subscribershall keep all such items secure and confidential. Subscriber shall make best efforts to prevent <br />any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's Charging <br />Stations, ChargePoint Services account(s) or other equipment, Subscriber shall immediately notify CPI <br />upon becoming aware of any such unauthorized use. <br />(b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, If <br />any; (ii) keeping Subscriber's contact information, email address forthe receipt of notices hereunder, and <br />billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint <br />Application, within five (5) business days, the location to which any of Subscriber's Charging Stations are <br />moved; (1v) the maintenance, service, repair and/or replacement of Subscriber's Charging Stations as <br />needed, including informing CPI of the existence of any Charging Stations that are non -operational and <br />not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. <br />(c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange <br />for such Users connecting with Subscriber using ChargePoint Connections. <br />5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and <br />warrants to CPI that: (i) it has the power and authority to enter into and be bound by this Agreement and <br />shall have the power and authority to install the Charging Stations and any other electrical vehicle charging <br />products which are registered and activated on the ChargePoint Network); (il) the electrical usage to be <br />consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and <br />conditions of any applicable electrical purchase or other agreement including, without limitation, any <br />—lease; to-which-Subscriber-isaparty;antl-(iii)-it-ha n-otlnstalimd-mrattach-ed-aM-Will-MlMt-alloy attach <br />Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a <br />manner that will block any easement or right of way. <br />5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPI's sole discretion, to <br />obtain CPI -provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the <br />individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint <br />Cardsto individuals, and each individual ChargePoint Card recipient is responsible for activating his or her <br />ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create <br />any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will <br />Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card. <br />5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not: <br />(a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any <br />Content therein to any third party; <br />Page 4 of 18 <br />75A-60 <br />
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