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February 7, 2018 <br />obligations under this agreement including without limitation non -liability for customer's <br />expenses or loss of income while the equipment is inoperable. <br />6: Technology Unlimited' s sole obligation under this agreement is the timely service and repair <br />of the equipment covered by this maintenance agreement. <br />ARTICLE II: INDEPENDENT CONTRACTOR <br />1. It is understood and mutually agreed upon by the parties that Technology Unlimited Incorporated <br />shall perform the services pursuant to this contract as an Independent Contractor and not as an <br />agent or employee of CITY OF SANTA ANA. <br />ARTICLE III: MAINTENANCE FEE AND PAYMENT <br />1. CITY OF SANTA ANA shall pay Technology Unlimited Incorporated annually for Services <br />rendered. (See Addendum A.) Payment made to Technology Unlimited Incorporated shall not <br />constitute acceptance of the work or any portion thereof, which is not in accordance with this <br />contract. <br />2. CITY OF SANTA ANA shall pay Technology Unlimited Incorporated upon receipt and approval <br />of Technology Unlimited Incorporated's invoice. Technology Unlimited Incorporated will bill thirty <br />(30) days in advance of maintenance. <br />ARTICLE IV: ASSIGNMENT AND SUBCONTRACTS <br />1. This contract shall not be assigned by either party, either in whole or in part, without the prior <br />written approval of the other, not to be unreasonably withheld. Any attempted assignment without <br />such written consent shall be void. <br />ARTICLE V: CONTROL AND APPROVAL <br />1. Technology Unlimited Incorporated will appoint a Representative who will be in charge of the <br />maintenance contract for Technology Unlimited Incorporated and have authority to make binding <br />decisions on behalf of Technology Unlimited Incorporated (the "Representative"). All notices <br />regarding maintenance services required or changes in the contract shall be sent to the <br />Representative. Technology Unlimited Incorporated's Representative for this maintenance <br />contract will be: <br />Name <br />Darrell Brush <br />Title <br />President <br />Address <br />1500 Gardena Ave <br />City, State, Zip <br />Glendale, CA 91204 <br />Phone # <br />(818) 859-1555 <br />Email <br />darrellb@tuiusa.com <br />