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R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.
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R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.
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3/2/2016 11:36:57 AM
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Resolution/Ordinance
Res Ord Num
R2012-169
Res Ord Title
ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC. FOR THE PURCHASE OF EQUIPMENT AND LICENSE OF PARKING ENFORCEMENT HARDWARE & SOFTWARE
Department
Public Works
Approved Date
9/4/2012
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Subscriber. T2 shall monitor T2's Application Server and undertake commercially reasonable <br /> efforts to restore promptly all failures of service at no additional charge to Subscriber. Subscriber <br /> shall be solely responsible for (i) providing Internet devices and supported browsers, and (ii) <br /> Internet connections,at Subscriber's sole cost and expense. <br /> Section 3.4 Hours of Operation. Generally, connectivity will be <br /> available seven (7) days per week,twenty-four(24) hours per day. Subscriber's access is subject <br /> to outages for scheduled maintenance activities and outages attributable to failure of the <br /> Subscriber's telecommunications provider to provide an Internet connection. Whenever practical, <br /> scheduled maintenance activities will be performed [outside) the hours of 8;00 a.m. and 8:00 p.m <br /> ET.Notice of scheduled maintenance shall be provided to Subscriber via email. <br /> Section 3.5 Maintenance and Updates.T2 shall provide maintenance <br /> for the Hosting System, including updates and patches and shall install any updates or <br /> enhancements for the Software that are released by T2 to its Subscribers. T2 will notify <br /> Subscriber when the updated version is available. <br /> Section 3.6 Improvements. In order to maintain the quality of the <br /> Hosting Services provided by T2 hereunder, T2 reserves the right to change the hours of <br /> operation and other facilities and procedures relating to access and use of its Hosting Services. T2 <br /> will provide Subscriber with ten (10) days notice prior to any planned improvements that may <br /> materially affect the Hosting Services. <br /> Section 3.7 Passwords and Security. Subscriber will control the <br /> issuance of passwords and user TDs for the use of the Software by Subscriber's Authorized <br /> Concun-ent Users. Subscriber shall be responsible for the confidentiality of all those passwords. <br /> Subscriber acknowledges that it will be responsible for all liabilities incurred through use of any <br /> password assigned to Subscriber, and that any transactions under Subscriber's password will be <br /> deemed to have been performed by Subscriber. <br /> Section 3.8 Ownership of Data. Subscriber shall maintain ownership <br /> of any Subscriber Data provided to T2 or input to the Software pursuant to this Agreement. T2 <br /> shall not supplement, modify or alter any Subscriber Data except as directed or requested by <br /> Subscriber(other than technical modifications necessary to upload/format the Subscriber Data to <br /> the Web Site). <br /> Section 3.9 Limitation of Liability. T2's total liability, if any, with <br /> respect to the subject matter of the Hosting Services(including,but not limited to, liability arising <br /> out of contract,tort, strict liability, breach of warranty or otherwise),is limited to the fees paid by <br /> Subscriber for the Hosting Services in the three (3) months prior to the act that gave rise to the <br /> liability;provided, however, that this limitation does not apply to damages to Subscriber directly <br /> caused by willful or malicious misconduct by T2 or its employees or by any claims brought <br /> against Subscriber based upon a violation of third party rights by the Software, which are covered <br /> by Section 10.4. T2 WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY <br /> OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, PUNITIVE, <br /> INCIDENTAL OR CONSEQUENTIAL,DAMAGES (INCLUDING, WITHOUT LIMITATION, <br /> THE COST OF ANY SUBSTITUTE SERVICE), WHETHER OR NOT FORESEEABLE AND <br /> EVEN 1F T2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS <br /> SECTION SHALL APPLY TO ANY ACTION OR ARBITRATION HEREUNDER. <br /> VERSION 080212 5 <br />
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