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_ _ . � <br /> Kronos incerrporated <br /> 297 Bilkrlca Rosd <br /> CGelu�ford,MA 01$24 Page:I I/24 <br /> Phone:(97S)250-9$00 <br /> of Galifornia will have exclusive jurisdictian and venue under this Agreement, ar►d the parties hereby agree to <br /> submit to such jurisdiction exclusively. <br /> (b) The invalidity or illegality of a.n� provision of this Agreement shall not affect the validity of any other <br /> provisian. The parties intend for the remaining unaffected provisians to remain in fult force and effect. <br /> (c) Custorner shall not assign this Agreement or the license to the SoRware without the prior written consent of <br /> Krataos and any purported assignment,without such consent,shall be void. <br /> (d)Neither party shall be liable for failures or delays in performance due to causes beyond its reasonable cont�ro], <br /> including war,strikes, lockouts, fire, flood, storm or other acts of God.Both parties agree ta use theiz best effarts <br /> to minimize the effects of such failures or delays. <br /> (e) All natices given under this Agreement shall be i� writing and sent postage pre-paid, if tQ Kronas, to the <br /> Kronos adciress on the Order Form,or if to Customer,to the billing address on the 4rder Foram. <br /> (�This 5ection Intentionally Left Blatik <br /> (g) The section headings herein are prQVided fvr convenience only and have no substantive effect an the <br /> construction of this Ag�-eement. <br /> (h) The parties agree that if this Agceement is delivered via f�x or electroni�ally delivered via email it shall <br /> constitute a valid and enforceable a�reement. <br /> (i) This Agreement and any infarmation expressly incorporated herein (including informarion contained in any <br /> referenced URL),tageth�r with the applicable Order Fornn,canstitute the entire agreement between the parties for <br /> the praducts and services described herein and supersede all prior or 'contemparaneaus repr�sentations, <br /> negotiations, or other cammunications between the parties relating to the subject matter of this Agreement. This <br /> Agreement rnay be amended only in writing signed by authorized representatives of bath parties. Custamer <br /> understands and acknowledges that while I�ronos may disclose to castomers certain confidential iz�farmatian <br /> regarding general grociuct development directioxa., patentiai fute�re praducts and/or praduct enhancemen�s under <br /> consideration,Gustomer is not entit]ed to any prc�ducts or prvduct enhancements other than those contained on the <br /> 4rder Form. Customer has not relied on the availabiliry of any futura version af the Software ar Equipment <br /> identified on an Chder Form,nor any other future product in executing this Agreement. <br /> (j)Use,duplication,or disclosure lay tlie United States Government is subject to restrictions as set forth in <br /> subparagraph(c)(I}(ii}vf the Rights in Technical Data and�omputer Software clause at DFARS 252.227-7013, <br /> ur subparagraph (c)(1)(2)of the Cornmercial Computer Software Restricted Right�elause at FAR.52.�2?-19,as <br /> aqaplicable. Manufacturerldistributor is Kronos IncoYporated,297 Billerica Road,Chelmsford,MA. <br /> DATED: � 31 I5 � � <br /> ` �e�u���rl� C <br /> �.. <br /> CUSTO Ll D ITY FIRE KRON4S INC4RPORATED <br /> B BY:� �- <br /> � -�i <br /> NAME: C �G�I`� �Y�l V� NAME: ,�1�i..�.�__._ <br /> � � j)� <br /> TITLE: 4�1G� J`��.� r�U�� <br /> �� <br /> Attest: � +---- <br /> Silvia on rlinden, City Clerk <br /> R�;�-��-���� <br /> 5RT 1C 080515 �,� <br /> ATTY/AGR.2 5.190/Kron�incorporated <br />