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Section 2 Terms and Conditions SUmmAEy continued 6. Resolution of Disputes— This section REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. 7, Miscellaneous Provisions — This section controls assignment and transfer of the Agreement and Services under it, the law applicable to the Agreement, the exclusion of any understanding or other agreements from what Is contained in. the Agreement and 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 or unenforceable, whether the headings of the sections and paragraphs are part of the Agreement, the effect of non -enforcement of any provision of the Agreement, how we will give notice under the Agreement to each other, and a time limitation for the bringing of an action under the Agreement. 8. Service Guarantee—This section provides you with an alternative to continuing with our Services under the Agreement under certain conditions. Section 3 Acceptance BY PLACING YOUR INITIALS IN THE SPACE(S) PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED T0THE FOLLOWING ON THE DATE ENTERED BY YOU BELOW. ✓ FULLTERMSANDCONDITIONSSETFORTHATwww.tpx.com/terms Initial E911 FOR VoIP SERVICES ADDENDUM SET FORTH AT www.tpx.com/E911-VOIP-Addendum.pdf Initial ITx FOR OFFICE 365 ADDENDUM SET FORTH AT www.tpx.com/lTx-Office365-Addendum.pdf Initial ITx FOR WAN ADDENDUM SET FORTH AT www.lpx.com/ITx-WAN-Addendum.pdf Initial IITx SERVICES ADDENDUM SET FORTH ATwww,t x.com/ITx-Services-Addendum,pdf Initial ONESECURE ADDENDUM SET FORTH AT www.tpx.com/OneSecure-Addendum.pdt UCx CUSTOMER PROVIDED SIP DEVICES ADDENDUM SET FORTH AT www.tpx.com/UCx-Customer. 7nitiai Provided-SIP-Device-Addendum.pdf UCx EQUIPMENT PURCHASE ADDENDUM SET FORTH AT www.tpx.com/UCx-Equipment-Purchase- tnitral Addendum.,df Initial UCx EQUIPMENT RENTAL ADDENDUM SET FORTH AT www.tpx.com/UCx-Rental-Addendum.pdf ✓ ,X a, SERVICE LEVEL AGREEMENTS (SLA) SET FORTH AT www.tpx.com/sla Initial VX VIA THE EMAIL ADDRESS PROVIDED IN SECTION 1 By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement (and the Terms and Conditions Incorporated by reference). TPx agrees to provide, and the Customer agrees to receive and pay for,. those services at locations set forth on the Service Agreement (attached), Including any services on subsequent Service Agreements and subsequent changes as long as those changes meet TPx's minimum requirements, THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, This Agreement shall become a binding contract upon execution by G stomer and so ante by TPx. 3 12-1 Agree by: Customer Signatu to Date Raul Godinez Raul Godinez II Clly Manager mane ( 0AAWilia City Manager y— r ® a dcepted by: Sales Manager Sign Date Approved as to Form Attest Recommended for Approval 0 hn M. Funk Maria D. Huizar J Ciulla ssistant City Attorney Clerk of the Council C of Technology Innovations Officer 1082517