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Agenda - 06-19-2018 8-m - Fleet Maintenance Software Purchase and Support Agreement
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Agenda - 06-19-2018 8-m - Fleet Maintenance Software Purchase and Support Agreement
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6/15/2018 3:04:22 PM
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BOCC
Date
6/19/2018
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8-m
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Agenda - 06-19-2018 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 06-19-2018 Regular Meeting
Minutes 06-19-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
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b. Entire Agreement <br /> <br />This Agreement constitutes the entire agreement among the parties, and any prior <br />understanding or representation of any kind preceding the date of this Agreement shall not be <br />binding on any party except to the extent incorporated in this Agreement. <br />c. No Other Warranties outside of this Agreement <br /> <br />EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, <br />FASTER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE FASTER <br />PRODUCT SOLD HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF <br />MARKETABILITY AND FITNESS AND ALL OBLIGATIONS OR LIABILITIES ON <br />THE PART OF FASTER FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, <br />CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE <br />USE OR PERFORMANCE OF THE SYSTEM. <br />d. Savings Clause <br />If any provision or provisions of this Agreement shall be held to be invalid, illegal, or non- <br />enforceable, the validity, legality, and enforceability of the remaining provisions shall not in <br />any way be affected or impaired thereby. <br />e. Force Majeure <br />Neither party shall be liable in damages or have the right to terminate this Agreement for any <br />delay or default in performing hereunder if the delay or default is caused by conditions <br />beyond its control including, but not limited to, Acts of God, Government restrictions, wars, <br />insurrections and or any other causes beyond the reasonable control of the party whose <br />performance is affected. <br />f. Limitation Period (3 years) <br />No action, regardless of form, arising out of this Agreement may be brought by either party <br />more than three (3) years after the cause of action has arisen, or, in the case of non-payment, <br />more than three (3) years from the date of the last payment. <br />g. Public Agencies <br />With FASTER’s approval, this Agreement may be extended for use by other municipalities <br />and government agencies of any state. Any such usage by other municipalities and <br />government agencies must be in accord with the ordinance, charter, and/or rules and <br />regulations of the respective political entity. Special discount/s provided to Customer will not <br />necessarily apply to other customers. Customer does not accept any responsibility or <br />involvement in the purchase orders or contracts issued by other public agencies. <br />h. Governing Law <br />This Agreement will be governed by the laws of the State of Virginia. The Customer <br />acknowledges that it has read this Agreement, understands it, and agrees to be bound by its <br />terms and conditions. Further, the Customer agrees that it is the complete and exclusive <br />statement of the agreement between the parties, which supersedes all proposals or prior <br />17
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