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75A - PH ELECTRIC VEHICLE FEE
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75A - PH ELECTRIC VEHICLE FEE
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2/1/2018 7:04:35 PM
Creation date
2/1/2018 7:10:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
75A
Date
2/6/2018
Destruction Year
2023
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11.7 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required <br />or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by <br />Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to <br />mssa 0cha reeooint.com. <br />11.8 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the <br />ChargePoint Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but <br />not limited to preliminary injunction and injunction, in addition to all other remedies. <br />11.9 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition <br />of this Agreement or the application thereof to either Party will to any extent be determined jointly by <br />the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the <br />remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties <br />or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be <br />affected thereby. <br />11.10 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, <br />whether by operation of law or otherwise, without the prior written consent of CPI (not to be <br />unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be <br />entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. <br />Subject to the foregoing; this Agreement shall bind and inure to the benefit of the parties, their respective <br />successors and permitted assigns. CPI may assign its rights and obligations under this Agreement. <br />11.11 NO AGENCY OR PARTNERSHIP. CPI, In the performance of this Agreement, is an <br />independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete <br />control over its employees, its subcontractors and its operations. No partnership, joint venture or agency <br />relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any <br />right or authority to assume or create any obligations of any kind or to make any representation or <br />warranty on behalf of the other Party, whether express or implied, or to bind the other Party in any respect <br />whatsoever. <br />11.12 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the <br />entire agreement between the Parties with respect to the subject matter hereof and supersedes and <br />cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, <br />representations and writings. All purchase orders issued by Subscriber shall state that such purchase <br />orders are subject to all of the terms and conditions of this Agreement, and contain no other term other <br />—thanthe-typeof_Secvice.Plan,.the_number_of_ChargingStations-for _which_such_ServiceP_lan.is_ordered,_the . <br />term of such Service Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency <br />between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail. <br />Notwithstanding any language to the contrary therein, no terms or conditions stated in any other <br />documentation shall be incorporated into or form any part of this Agreement, and all such purported <br />terms and conditions shall be null and void. <br />11.13 COPYRIGHT POLICIES. It is CPI's policy to respond to notices of alleged copyright <br />infringement that comply with applicable international intellectual property law (including, in the United <br />States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. <br />11.14 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other <br />websites or resources. CPI has no control over anyweb sites or resources that are provided by companies <br />or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the <br />availability of any such web sites or resources, CPI does not endorse any advertising, products or other <br />materials on or available from such web sites or resources, and CPI is not liable for any loss or damage <br />Page 12 of 18 <br />75A-68 <br />
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