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R2016-132 Intergovernmental Master Service Agreement with Illinois Department of Innovation and Technology Dedicated Internet and Colocation Services
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R2016-132 Intergovernmental Master Service Agreement with Illinois Department of Innovation and Technology Dedicated Internet and Colocation Services
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12/2/2016 10:38:56 AM
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12/2/2016 10:38:56 AM
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Resolution/Ordinance
Res Ord Num
R2016-132
Res Ord Title
Intergovernmental Master Service Agreement with Illinois Department of Innovation and Technology Dedicated Internet and Colocation Services
Department
Management Services
Approved Date
11/21/2016
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DoIT holds all required regulatory authorizations and permits to provide the Services identified <br /> herein. <br /> ARTICLE 14—DISCLAIMER OF WARRANTY <br /> 14.1 Except for express warranties set forth in the Agreement DoIT and the State of Illinois disclaim all <br /> express or implied warranties, including without limitation, warranties of title, non infringement, <br /> merchantability, or fitness for a particular purpose. Except as expressly set forth in the Agreement, <br /> customer assumes total responsibility for use of the services. <br /> In addition to any other disclaimers of warranty stated in the Agreement, DoIT and the State of Illinois <br /> makes no warranty, guarantee, or representation, express or implied, that all security threats and <br /> vulnerabilities will be detected or that the performance of the services will render Customer's systems <br /> invulnerable to security breaches. Customer is responsible for Customer's own network security policy <br /> (including applicable firewall and Network Address Translation (NAT) policies) and security response <br /> procedures. <br /> ARTICLE 15—LIMITATION OF LIABILITY <br /> 15.1 Neither Party, the State of Illinois, their affiliates, agents, or contractors shall be liable for any <br /> indirect, incidental, special, reliance, punitive, or consequential damages or for any loss of, or cost to <br /> recover, data, use, business, revenues, profits, or goodwill relating to the services performed under this <br /> Agreement, or any action or omission relating to third parties, regardless of the legal theory under which <br /> such liability is asserted. Neither Party shall be liable for loss or damage or deemed to be in breach of this <br /> Agreement due to such Party's failure or delay of performance, wholly or in part, under this Agreement. <br /> Any Customer claims relating to this Agreement must be brought within sixty (60) days following the end <br /> of the term or termination. <br /> ARTICLE 16— LIMITATION OF SERVICE <br /> 16.1 Notwithstanding any other provision in this Agreement, this Agreement applies only to services <br /> provided directly to the Customer for the Customer's use. These provisions shall not apply to offerings by <br /> the Customer for services to third parties. This Agreement does not constitute a joint undertaking for the <br /> furnishing of any service to customers or other third parties of the Customer. Services provided to the <br /> Customer under this Agreement may be connected to other facilities between certain locations and <br /> thereby constitute a portion of end-to-end service furnished by the Customer to its customers or third <br /> parties. DoIT does not undertake to offer any services to any person or entity other than the Customer. <br /> ARTICLE 17 -INDEMNIFICATION <br /> 17.1 To the extent permitted by law, Public Agency shall indemnify and hold harmless DoIT, its agencies, <br /> officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, <br /> damages, liabilities, settlements and judgments, including in-house and contracted attorneys'fees and <br /> 7 <br />
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