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<br />
<br />Blazestack Inc.
<br /> 907 Ranch Rd 620 S # 302, Lakeway, TX 78734
<br />hello@blazestack.com
<br />(855) 735-6673
<br />
<br />CONFIDENTIAL
<br />Last updated: October 10, 2023
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<br />OF THE POSSIBILITY OF SUCH DAMAGES.
<br />THE FOREGOING WILL NOT APPLY TO THE
<br />EXTENT PROHIBITED BY APPLICABLE LAW.
<br />
<br />10. US. GOVERNMENT MATTERS;
<br />COMPLIANCE.
<br />
<br />10.1. Terms for U.S. Government Customers. This
<br />section applies only to Customers that are U.S.
<br />government entities subject to the cited regulations
<br />(“U.S. Government Customers”). The Service is a
<br />“commercial item” (as defined in 48 C.F.R. 2.101)
<br />and involves the use of “commercial computer
<br />software” and “commercial computer software
<br />documentation” (as used in 48 C.F.R. 12.212). All
<br />U.S. Government Customers acquire subscriptions to
<br />the Service only as a “commercial item” and only
<br />with those rights that are granted to all other end-
<br />users pursuant to the terms and conditions of this
<br />Agreement, consistent with 48 C.F.R. 12.212 and 48
<br />C.F.R. 227.72021 through 227.72024.
<br />
<br />10.2 Non-Discrimination. Blazestack shall at all
<br />times remain in compliance with all applicable local,
<br />state, and federal laws, rules, and regulations
<br />including but not limited to all state and federal non-
<br />discrimination laws, policies, rules, and regulations.
<br />Specifically, Blazestack agrees it will not participate
<br />in any disadvantage, difference, or distinction in the
<br />solicitation, selection, hiring, service to, or treatment
<br />of a vendor, supplier, subcontractor, or customer on
<br />the basis of Protected Class status (defined as age,
<br />race, ethnicity, color, national origin, religion, creed,
<br />sex, sexual orientation, gender, gender identity,
<br />gender expression, marital status, familial status,
<br />source of income, disability, political affiliation,
<br />veteran status, disabled veteran status) or on the basis
<br />of any otherwise unlawful use of personal or
<br />individual characteristics. Further, Blazestack agrees
<br />to pay all of its employees a living wage. Any
<br />violation of the Orange County Non-Discrimination
<br />Policy is a breach of this Agreement and County may
<br />immediately terminate this Agreement without
<br />further obligation on the part of the County. This
<br />paragraph is not intended to limit and does not limit
<br />the definition of breach to discrimination.
<br />
<br />11. GENERAL TERMS
<br />
<br />11.1. Dispute Resolution; Governing Law; Forum.
<br />The parties shall first attempt to resolve any dispute
<br />through non-binding mediation. The parties shall
<br />jointly select a mediator and shall participate in good
<br />faith in the mediation process. The costs of the
<br />mediation process shall be shared equally by the
<br />parties. The mediation shall take place in Orange
<br />County, North Carolina. If the dispute is not resolved
<br />through mediation within 90 days from receipt by
<br />one party of the initial notice of the dispute from the
<br />other party, either party may proceed to court to seek
<br />resolution. The laws of the State of North Carolina
<br />govern this Agreement excluding that State’s choice-
<br />of-law provisions. Venue for any disputes that
<br />proceed to legal action shall take place in the General
<br />Court of Justice of North Carolina sitting in Orange
<br />County, North Carolina.
<br />
<br />11.2. Notices. Notices under this Agreement must be
<br />in writing and will be considered given upon: (i)
<br />delivery by traceable courier or mail (delivery
<br />confirmation/return receipt requested); or (ii) the
<br />second business day after sending by email. Notices
<br />to Blazestack should be sent to
<br />notice@blazestack.com. Notices relating to this
<br />Agreement to be sent to Customer will be sent to
<br />P.O. Box 8181, Hillsborough, NC 27278 with
<br />attention to Kirby Saunders. Invoices will be sent to
<br />Lysa May, lmay@orangecountync.gov.
<br />
<br />11.3. Customer References. During the Term,
<br />Blazestack, with prior written consent of the
<br />Customer, may include Customer’s name, logo and
<br />success stories in Blazestack’s website, press
<br />releases, promotional and sales literature, and lists of
<br />customers.
<br />
<br />11.4. Force Majeure. Neither party will be
<br />responsible for failure or delay of performance if
<br />caused by an event outside the reasonable control of
<br />the obligated party, including but not limited to an
<br />electrical, internet, or telecommunication change or
<br />outage not caused by the obligated party; government
<br />restrictions; or illegal acts of third parties (“Force
<br />Majeure Event”). Each party will use reasonable
<br />efforts to mitigate the effect of a Force Majeure
<br />Event.
<br />
<br />11.5. Assignment. Neither party may assign any of its
<br />rights or obligations under this Agreement without
<br />the other party’s prior written consent (not to be
<br />unreasonably withheld), except either party may
<br />assign this Agreement in its entirety without the other
<br />DocuSign Envelope ID: 734E1500-672D-4C8F-8142-2CAAC72A015BDocuSign Envelope ID: 372F227B-55C8-4AAD-815D-E45370F3BFDC
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