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"UNDERLYING CARRIER"). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING <br />CARRIER AND SUBSCRIBER IS NOTA THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND <br />THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER <br />HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, <br />NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY <br />NUMBER ASSIGNED TO IT, AND UNDERSTANDS THATANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER <br />UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF <br />WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE <br />OF THE CHARGEPOINT SERVICES. <br />8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICITONS DO NOT ALLOW THE <br />LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR TME DISCLAIMER OF <br />IMPLIED WARRANTIES ASSET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY <br />NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPI'S LIABILTY AND/OR IMPLIED WARRANTIES <br />GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW. <br />9. TERM AND TERMINATION. <br />9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and <br />shall continue until the expiration of all of Subscriber's Service Plans. <br />9.2 SERVICE PLAN TERM. Each Service Plan acquired by Subscriber shall commence as <br />follows: Each Service Plan acquired for use with a new Charging Station will commence on the earlier to <br />occur of (1) the date of Provisioning such new Charging Station, or (11) one year from the date the Token(s) <br />necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. <br />Renewals of Service Plans will commence on the date of the expiration of the Subscription being renewed. <br />Each Subscriber Service Plan shall continue for the applicable duration thereof, unless this Agreement is <br />terminated earlier in accordance with its terms. <br />9.3 TERMINATION BY CPI. <br />(a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material <br />breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) <br />days (or within five (5) days in the case of any payment default) of Subscriber's receipt of written notice <br />thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related <br />to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the <br />determination by any regulatory body that the subject matter of this Agreement is subject to any <br />governmental-regulatory-authorizatton-oT-review-that-imposesadditiorFal-costs-of-duing-bustn-a urF-------"-' - <br />CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber Is then <br />In breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber <br />of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of <br />the expiration of all of Subscriber's subscriptions to ChargePoint Services. <br />(b) CPI may in its discretion suspend Subscriber's continuing access to the ChargePoint <br />Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has <br />acted in manner that indicates that Subscriber does not intend to, or is unable to, comply with any <br />provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the <br />law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to <br />Subscriber could create a security risk or material technical burden as reasonably determined by CPI. <br />Page 9 of 18 <br />75A-65 <br />