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Agmt23 Flock Safety
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Agmt23 Flock Safety
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Last modified
10/31/2023 11:51:32 AM
Creation date
10/31/2023 11:50:58 AM
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Template:
Agreement
Contractor Name
Master Service Agreement
PROJECT NAME
2023.222 Flock Fixed ALPR Program
RMP File Number
304
Date
9/22/2023
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ATTY/AGR/2023.222 – FLOCK FIXED ALPR PROGRAM <br />REV: 08-29-23 MI <br />51062.00005\41317899.1 <br />Page 9 of 24 <br /> <br />2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of <br />the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any <br />third-party services required for Services are interrupted; (c) if Flock reasonably believe Services <br />are being used for malicious, unlawful, or otherwise unauthorized use by Customer and Customer <br />does not cure such misuse within thirty (30) days’ written notice; (d) there is a threat or attack on <br />any of the Flock IP by a third party and interruption of services to Customer is required to protect <br />Flock IP; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will <br />provide written notice of any Service Interruption to Customer as soon as practicable, and will <br />provide updates, and to resume providing access to Flock Services as soon as reasonably possible <br />after the event giving rise to the Service Interruption is cured. Flock will have no liability for any <br />damage, liabilities, losses (including any loss of data or profits), or any other consequences that <br />Customer or any Authorized End User may incur as a result of a Service Interruption. To the <br />extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of <br />parties associated with the Customer, the time will be tolled by the duration of the Service <br />Interruption (for any continuous interruption lasting at least one full day). For example, in the <br />event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for <br />five (5) free days at the end of the Term. <br />2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End <br />User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack <br />on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the <br />Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of <br />Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal <br />activities; (d) Customer has violated any term of this provision, including, but not limited to, <br />utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized <br />access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not <br />be entitled to any remedy for the Service Suspension period, including any reimbursement, <br />tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled <br />by the duration of the Service Suspension.To the extent that the suspension is not caused by <br />Customer’s direct actions or by the actions of parties associated with the Customer, the expiration <br />of the Term will be tolled by the duration of the suspension (for any continuous suspension lasting
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