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R2024-07 Resolution Approving the Purchase of Faster Asset Solutions Cloud Based Fleet Management Software
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R2024-07 Resolution Approving the Purchase of Faster Asset Solutions Cloud Based Fleet Management Software
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Last modified
2/11/2026 12:53:30 PM
Creation date
1/19/2024 10:53:34 AM
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Resolution/Ordinance
Res Ord Num
R2024-07
Res Ord Title
R2024-07 Resolution Approving the Purchase of Faster Asset Solutions Cloud Based Fleet Management Software
Department
Finance
Approved Date
1/16/2024
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d. Severability <br /> If any provision or provisions of this Agreement shall be held to be invalid, illegal, or non- <br /> enforceable,the validity, legality,and enforceability of the remaining provisions shall not in <br /> any way be affected or impaired thereby. <br /> e. Force Majeure <br /> Neither party shall be liable in damages or have the right to terminate this Agreement for <br /> any delay or default in performing hereunder if the delay or default is caused by conditions <br /> beyond its control including, but not limited to,Acts of God,government restrictions, wars, <br /> insurrections, pandemics or any other causes beyond the reasonable control of the party <br /> whose performance is affected. <br /> f. Limitation Period (3 years) <br /> No action, regardless of form,arising out of this Agreement may be brought by either party <br /> more than three(3)years after the cause of action has arisen,or, in the case of non- <br /> payment, more than three(3)years from the date of the last payment. <br /> g. Asset Count <br /> FASTER reserves the right to periodically and reasonably confirm Customer's Standard <br /> Active Asset and Non-Standard Active Asset counts. Customer will reasonably cooperate <br /> with FASTER in the asset count confirmation process.Should those counts exceed the <br /> number of active assets licensed by Customer, FASTER reserves the right to bill Customer for <br /> those excess assets at the applicable additional asset rate noted in Customer's Statement of <br /> Work (SOW), Pricing& Payment Terms. <br /> h. Public Agencies <br /> With FASTER's approval,this Agreement may be extended for use by other municipalities <br /> and government agencies of any state. Any such usage by other municipalities and <br /> government agencies must be in accord with the ordinance, charter, and/or rules and <br /> regulations of the respective political entity.Special discount(s) provided to Customer will <br /> not necessarily apply to other customers. Customer does not accept any responsibility or <br /> involvement in the purchase orders or contracts issued by other public agencies. <br /> I. Governing Law <br /> This Agreement will be governed by the laws of the State of Illinois. Customer <br /> acknowledges that it has read this Agreement, understands it,and agrees to be bound by its <br /> terms and conditions. Further, Customer agrees that it is the complete and exclusive <br /> statement of the agreement between the parties,which supersedes all proposals or prior <br /> agreements, oral or written, and all other communications between the parties relating to <br /> the subject matter of this Agreement. <br />
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