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R2022-27 Resolution Authorizing an Agreement between the City of Decatur and Power DMS for Policy and Training Management Software for the Decatur Police Department
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R2022-27 Resolution Authorizing an Agreement between the City of Decatur and Power DMS for Policy and Training Management Software for the Decatur Police Department
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1/24/2023 5:07:40 PM
Creation date
2/24/2022 8:48:58 AM
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Resolution/Ordinance
Res Ord Num
R2022-27
Res Ord Title
R2022-27 Resolution Authorizing an Agreement between the City of Decatur and Power DMS for Policy and Training Management Software for the Decatur Police Department
Department
Police
Approved Date
2/22/2022
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11.5. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of <br /> competent jurisdiction,such provision will be deemed stricken from the Agreement and the remaining provisions of <br /> this Agreement will remain in full force and effect. <br /> 11.6. Relationship of Parties.No agency,partnership,joint venture,or employment is created as a result <br /> of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever. <br /> 11.7. Publicity. Unless otherwise provided in the applicable Sales Order, PowerDMS may identify <br /> Customer as one of its customers and use Customer's logo for such purposes, subject to any trademark usage <br /> requirements specified by Customer. <br /> 11.8. No Third Party Beneficiaries.There are no third-party beneficiaries under this Agreement. <br /> 11.9. Resolution of Disputes. (Intentionally omitted) <br /> 11.10. Notices.All notices under this Agreement will be in writing and will be deemed to have been duly <br /> given (a) when received, if personally delivered; (b) when receipt is electronically confirmed, if transmitted by <br /> facsimile or e-mail;(c)the day after it is sent,if sent for next day delivery by recognized overnight delivery service; <br /> and(d)upon receipt,if sent by certified or registered mail,return receipt requested. All notices will be given using <br /> the contact information with respect to each party set forth in the applicable Service Order or such other contact <br /> information as may be designated by a party by giving written notice to the other party pursuant to this Section <br /> 11.10. <br /> 11.11. Force Maieure.Neither party will be liable for failure to perform its obligations hereunder,except <br /> the obligation to make payment due,to the extent that its performance is prevented,hindered or delayed as a result <br /> of strikes, riots,fires,explosions, acts of God, epidemics, pandemics, acts of terrorism,war,governmental action, <br /> labor conditions,internet service interruptions or slowdowns,vandalism or cyber-attacks,or any other cause beyond <br /> the reasonable control of such party. <br /> 11.12. Electronic Signatures:Counterparts.Signatures and other express indications of agreement sent <br /> by electronic means(facsimile or scanned and sent via e-mail or signed by electronic signature service where legally <br /> permitted)will be deemed original signatures.This Agreement may be signed in multiple counterparts,each of which <br /> will be deemed an original and which will together constitute one agreement. <br /> 11.13. Survival. All sections of this Agreement which by their nature should survive termination will <br /> survive termination,including,without limitation,accrued rights to payment, acknowledgements and reservations <br /> of proprietary rights,confidentiality obligations,warranty disclaimers,and limitations of liability. <br /> IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates indicated below. <br /> I Customer <br /> , PowerDMS <br /> Ck `F t1JI-Va 0 PowerDMS,Inc. <br /> BY 6 1. BY <br /> PRINT NAME: Co+ W, ('N Vo rN PRINT NAME: Ana Alfaro <br /> PRINTTITLE: yPRINTTITLE: Revenue Accounting Manager <br /> DATE SIGNED: 2 r'�4�C� o�� DATE SIGNED: 03/03/2022 <br /> Exhibit A i <br /> Government Customer Addendum <br /> This Government Customer Addendum("Addendum")forms part of the Agreement,and in the case of any conflict <br /> or inconsistency between the terms and provisions of this Addendum and the Agreement,the terms of this <br /> Addendum shall control. <br /> Page 18 <br />
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