Orange County NC Website
Browse       Search
Lenovo Services Statement of Work <br /> 4. To the extent permitted by applicable law Customer will indemnify, defend and hold harmless Lenovo and <br /> Service Provider and their affiliates and subcontractors, from and against any and all claims, losses, liabilities <br /> and damages (including reasonable attorneys' fees and costs) arising from or in connection with any claims <br /> (including patent and copyright infringement) made against Lenovo or Service Provider or their affiliates or <br /> subcontractors. <br /> 5. Lenovo will not be required to perform any obligations that are affected by the failure of Customer to obtain <br /> any Required Consents. <br /> 6. Customer will obtain and provide to Lenovo all Required Consents necessary for provision of the Sen/ices <br /> described in this SOW. Required Consents include any consents or approvals required for Lenovo and <br /> Service Provider to use and/or modify (including creating derivative works) the hardware, software, firmware <br /> and any other Customer equipment and/or Products, without infringing the ownership or license rights <br /> (including patent and copyright)of the providers or owners of such items. <br /> 7. Value Recovery and Fee Assumptions: <br /> Asset Recovery Services Fee: shown in the Service Fees section <br /> • asset registration, audit,test, data erase, serial number recording,and reporting <br /> • remarketing of asset or disposal <br /> Estimated Shipping expenses for pickup: included for the Orange County/Wake County, NC area <br /> Asset Recovery Fair Market Value*: will be sent after receipt, processing and reconciliation of the <br /> assets <br /> • Estimated asset values based on the assets received. <br /> • Values for product can change monthly;value deduction is typically 3-7%per month. <br /> Final Asset Recovery: will be sent after receipt, processing and reconciliation of the assets <br /> • Estimated asset values based on the assets received and final settlement report indicating <br /> value and condition of each product. <br /> Notice on Product Value and Deductions <br /> The fair market value ("FMV") for any Product will be determined by reference to the then-current <br /> Schedule of Prices provided in a separate spreadsheet as modified by vendor on a monthly basis. The <br /> highest value will be for Product in good condition and working order, with no broken parts (Good <br /> Working Order); Product not in good condition and in good working order, or with missing components <br /> such as floppy drive, optical drive, memory, hard drive(if missing at the time of collection), power adaptor, <br /> battery, etc.will be considered Non-Functional. <br /> 8. No section of this agreement is intended to create a waiver of the Customer's rights and privileges as a <br /> sovereign entity <br /> 9. To the extent permitted by law, Lenovo will indemnify, defend and hold harmless the Customer, its officers, <br /> employees and from and against all claims, losses, liabilities and damages (including reasonable attorney's <br /> fees and costs)arising out of the improper performance of services under this sow. The maximum cumulative <br /> liability of Lenovo and its affiliates, suppliers and subcontractors for direct actions arising out of or related to <br /> this Agreement and all orders issued hereunder, regardless of the form of the action or the theory of recovery, <br /> shall be limited to the total amount paid or payable by Customer to Lenovo. <br /> 10. Under no circumstances shall Lenovo, its subcontractors, suppliers be liable for any of the following: 1) third- <br /> party claims against you for damages; 2) loss of, or damage to, your records or data; or 3)special, incidental, <br /> indirect or consequential damages (including lost profits, business, revenue, goodwill or anticipated savings), <br /> even if informed of their possibility. <br /> 11. This Contract is governed by and interpreted under the laws of the State of North Carolina unless preempted <br /> by federal law. The parties further agree that jurisdiction and venue for any matter arising out of or pertaining <br /> to this Agreement shall be proper only in the state and federal courts located in Orange County, North <br /> Carolina and Middle District of the State of North Carolina, and the parties hereby consent to such jurisdiction <br /> and venue. <br /> Orange County NC Gov't-Lenovo Services Statement of Work(16 APRIL 2014) Page 10 of 11 <br />