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Section 2 Terms and Conditions Summarycontinued <br />6. Resolution of Disputes- This section REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND <br />WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, <br />7. Miscellaneous Provisions- This section controls assignment and transfer of the Agreement and Services under it, the law <br />applicable to the Agreement, the exclusion of any understanding or other agreements from what is contained in the Agreement and <br />its exhibits, and any changes not signed by both you and us, what happens if any provision of the Agreement is found to be invalid <br />or unenforceable, whether the headings of the sections and paragraphs are part of the Agreement, the effect of non -enforcement of <br />any provision of the Agreement, how we will give notice under the Agreement to each other, and a time limitation for the bringing of <br />an action under the Agreement. <br />8. Service Guarantee -This section provides you with an aitemative to continuing with our Services under the Agreement under <br />certain conditions. <br />Section 3 Acceptance <br />BY PLACING YOUR INITIALS IN THE SPACE(S) PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND <br />AGREED TO THE FOLLOWING ON THE DATE ENTERED BY YOU BELOW. <br />✓ <br />�..'`•"<.!: <br />FULL TERMS AND CONDITIONS SET FORTH ATwww.tpx.com/terms <br />Initial <br />E911 FOR VoIP SERVICES ADDENDUM SET FORTH ATwww.tpx.com/E911-VO[P-AddenduffLpdf <br />Initial <br />ITx FOR OFFICE 365 ADDENDUM SET FORTH AT www.tpx.00m/ITx-Office365-Addendum.pdf <br />Initial <br />ITx FOR WAN ADDENDUM SET FORTH AT www.tpx.com/lTx-WAN-Addendum.pdf <br />Initial <br />IITx SERVICES ADDENDUM SET FORTH AT www.tpx.com/ITx-Services-Addendum.pdf <br />Initial <br />ONESECURE ADDENDUM SET FORTH AT www.tpx.com/OneSecure-Addendum.pdf <br />UCx CUSTOMER PROVIDED SIP DEVICES ADDENDUM SET FORTH AT www.tpx.com/UCx-Customer- <br />Initial <br />Provided-SIP-Device-Addendum.pdf <br />UCx EQUIPMENT PURCHASE ADDENDUM SET FORTH AT www.tpx.com/UCx-Equipment-Purchase- <br />Initial <br />Addendum.pdf <br />Initial <br />UCx EQUIPMENT RENTAL ADDENDUM SET FORTH AT www.tpx.conJUCx-Rental-Addendum.pol <br />`� <br />i 11 <br />'✓' ` e%' ' <br />SERVICE LEVEL AGREEMENTS (SLA) SET FORTH AT www.tpx.conVsla <br />initial <br />x VIX I HF EMAIL— <br />ADDRESS PROVIDED IN SECTION 1 <br />By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has <br />the authority and power to sign on behalf of Customer and bind Customer to this Agreement (and the Terms and <br />Conditions Incorporated by reference). TPx agrees to provide, and the Customer agrees to receive and pay for, those <br />services at locations set forth on the Service Agreement (attached), Including any services on subsequent Service <br />Agreements and subsequent changes as long as those changes meet TPx's minimum requirements. THIS AGREEMENT <br />INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES <br />AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. This Agreement shall become a binding <br />contract upon execution by Customer and acceptance by TPx. <br />X > <br />Agreed bly: Customer Signature Date <br />Rau Godnez X City Manager <br />Customer Name (Print) Title <br />Sales Representative Name Phone <br />Accepted by: Sales Manager Signature~ Date <br />Approved as to Form <br />W1442-, jew-fc- <br />hn M. Funk <br />ssistant City Attorney <br />M2517 <br />Attest <br />Maria D. Huizar <br />Clerk of the Council <br />20B-26 <br />Recommended for Approval <br />Jack Ciulla <br />Chief Technology Innovations Officer <br />