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2024-041 Resolution
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2024-041 Resolution
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6/7/2024 10:10:28 AM
Creation date
6/7/2024 10:02:52 AM
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North Olmsted Legislation
Legislation Number
2024-041
Legislation Date
6/4/2024
Year
2024
Legislation Title
RFP Microsoft M365 Hosted Email
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or return the price Customer paid for them. This warranty Is subject to the "exclusions' and <br />'disclaimer' terms of the Warranties section In the General Terms. <br />e. Professional Services limitation of liability. The total liability of each party for Professional Services <br />under this Agreement and any Supplemental Agreement that incorporates its terms is limited to <br />direct damages up to the amount Customer was required to pay under the applicable Statement of <br />Services. In the case of services provided free of charge, or code Customer is authorized to <br />redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to <br />direct damages up to U.S. 55,000. This limitation of liability Is subject to the 'Exclusions'and <br />'Exceptions" terms in the General Terms. <br />f. Compliance with laws. Microsoft and Customer will each comply with all applicable laws and <br />regulations. However, Microsoft is not responsible for compliance with any laws or regulations <br />applicable to Customer or Customer's industry that are not also generally applicable to information <br />technology services providers. <br />g. Professional Services termination. If Customer terminates a Statement of Services as a result of a <br />breach by Microsoft, Customer must pay all amounts due under the Statement of Services as of the <br />termination date. Upon Microsoft's receipt of payment for the Professional Services, Customer's <br />interests in the Services Deliverables will vest. Microsoft has no obligation to continue to provide <br />Professional Services if Customer fails to make timely payment for the Professional Services. <br />h. Applicable law and dispute resolution for Professional Services. The terms of each Statement of <br />Services will be governed by and construed in accordance with the law of thejurisdiction where the <br />Microsoft Affiliate delivering the Professional Services is organized. If Customer brings an action to <br />enforce a Statement of Services, the venue will lie where the Microsoft Affiliate delivering the <br />services has its headquarters. <br />I. Certain terms. Services Deliverables are deemed "Products" for purposes of all rights and <br />obligations in the sections of the General Terms titled "Affiliates' rights," "Restrictions," "Reservation <br />of rights," "Privacy and Compliance with Laws," "Defense of third parry claims" and "Taxes." The <br />parties may agree to change any of the terms in this "Professional Services Terms" section in a <br />Statement of Services. <br />MPSA May 2016 (ENG) Page 9 of 9 <br />
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