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R2013-54 AUTHORIZING ANNUAL SERVICE AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC.
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R2013-54 AUTHORIZING ANNUAL SERVICE AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC.
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8/17/2015 4:44:58 PM
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Resolution/Ordinance
Res Ord Num
R2013-54
Res Ord Title
AUTHORIZING ANNUAL SERVICE AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC. - OSSI DECATUR POLICE DEPARTMENT
Department
Police
Approved Date
6/3/2013
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reference to the choice of laws provisions thereof. CONTRACT, TORT (INCLUDING <br /> If any provision of this Agreement is illegal or NEGLIGENCE), PRODUCT LIABILITY, OR <br /> unenforceable, it will be deemed stricken from the OTHERWISE, AND WHETHER OR NOT <br /> Agreement and the remaining provisions of the SUNGARD PUBLIC SECTOR HAS BEEN <br /> Agreement will remain in full force and effect. ADVISED OF THE POSSIBILITY OF SUCH <br /> DAMAGE. <br /> 16. LIMITATIONS OF LIABILITY. <br /> (a) LIMITED LIABILITY OF SUNGARD (c) BASIS OF THE BARGAIN. <br /> CUSTOMER ACKNOWLEDGES THAT <br /> PUBLIC SECTOR. SUNGARD PUBLIC SUNGARD PUBLIC SECTOR HAS SET ITS <br /> SECTOR'S LIABILITY IN CONNECTION WITH FEES AND ENTERED INTO THIS AGREEMENT <br /> THE SOFTWARE, ANY SERVICES, THIS IN RELIANCE UPON THE LIMITATIONS OF <br /> LICENSE OR ANY OTHER MATTER RELATING LIABILITY AND THE DISCLAIMERS OF <br /> TO THIS AGREEMENT WILL NOT EXCEED WARRANTIES AND DAMAGES SET FORTH IN <br /> THE FEE THAT CUSTOMER ACTUALLY PAID THIS AGREEMENT, AND THAT THE SAME <br /> TO SUNGARD PUBLIC SECTOR (OR, IF NO FORM AN ESSENTIAL BASIS OF THE <br /> DISCRETE FEE IS IDENTIFIED IN EXHIBIT 1, BARGAIN BETWEEN THE PARTIES. <br /> THE FEE REASONABLY ASCRIBED BY <br /> SUNGARD PUBLIC SECTOR) FOR THE 17. Entire Agreement. This Agreement contains <br /> COMPONENT SYSTEM OR SERVICES GIVING the entire understanding of the parties with <br /> RISE TO THE LIABILITY. respect to its subject matter, and supersedes and <br /> extinguishes all prior oral and written <br /> (b) EXCLUSION OF DAMAGES. communications between the parties about its <br /> REGARDLESS WHETHER ANY REMEDY SET subject matter. Any purchase order or similar <br /> FORTH HEREIN FAILS OF ITS ESSENTIAL document which may be issued by Customer in <br /> PURPOSE OR OTHERWISE, IN NO EVENT connection with this Agreement does not modify <br /> WILL SUNGARD PUBLIC SECTOR BE LIABLE this Agreement. No modification of this <br /> TO CUSTOMER FOR ANY SPECIAL, Agreement will be effective unless it is in writing, is <br /> INCIDENTAL, OR CONSEQUENTIAL signed by each party, and expressly provides that <br /> DAMAGES,WHETHER BASED ON BREACH OF it amends this Agreement. <br /> Page 7 of 26 <br /> SPS License 7/1/2010 <br />
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