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R2014-87 CONTRACT WITH MOTOROLA SOLUTIONS, INC.
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R2014-87 CONTRACT WITH MOTOROLA SOLUTIONS, INC.
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Last modified
2/27/2017 10:51:13 AM
Creation date
7/24/2015 4:25:26 PM
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Resolution/Ordinance
Res Ord Num
R2014-87
Res Ord Title
AUTHORIZING THE EXECUTION OF A CONTRACT WITH MOTOROLA SOLUTIONS, INC. FOR THE RADIO SYSTEM REPLACEMENT
Department
Public Works
Approved Date
8/4/2014
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I <br /> 16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that t has obtained all <br /> necessary approvals, consents and authorizations to enter into this Agreement and t perform its duties <br /> under this Agreement; the person executing this Agreement on its behalf has the auth rity to do so; upon <br /> execution and delivery of this Agreement by the Parties, it is a valid and binding cont act, enforceable in <br /> accordance with its terms; and the execution, delivery, and performance of this A reement does not <br /> violate any bylaw, charter, regulation, law or any other governing authority of the Party. <br /> 16.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. Motorola will provid Customer with <br /> Administrative User Credentials. Customer agrees to only grant Administrative User redentials to those <br /> personnel with the training or experience to correctly use the access. Customer is responsible for <br /> protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among <br /> other things, updating passwords when required. Customer may be asked to provide alid Administrative <br /> User Credentials when in contact with Motorola System support. Customer underst nds that changes <br /> made as the Administrative User can significantly impact the performance of the ystem. Customer <br /> agrees that it will be solely responsible for any negative impact on the System or its sers by any such <br /> changes. System issues occurring as a result of changes made by an Administrativ User may impact <br /> Motorola's ability to perform its obligations under the Agreement or its Mainten nce and Support <br /> Agreement. In such cases, a revision to the appropriate provisions of the Agree ent, including the <br /> Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues <br /> caused by or arising out of the use of or failure to maintain Administrative User Crede tials, Motorola will <br /> be entitled to bill Customer and Customer will pay Motorola on a time and materials ba is for resolving the <br /> issue. <br /> 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this <br /> Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorol Software); if any <br /> payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Pa ent); Subsection <br /> 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitatio of Liability); and <br /> Section 15(Confidentiality and Proprietary Rights); and all of the General provisions in ection 16. <br /> The Parties hereby enter into this Agreement as of the Effec ive ate. <br /> Motorola Solutions, Inc. Customer <br /> By: By: <br /> Name: Name: ichael T. McElroy <br /> Title: Title: Maw <br /> Date: Date: Ull 4- <br /> StarCom CSA_05.09.13.doc 12 <br /> Motorola Contract No. <br />
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