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5.5 No Waiver. The failure of either party to enforce any rights granted hereunder or to take action
<br />against the other party in the event of any breach hereunder shall not be deemed a waiver by that
<br />party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
<br />5.6 Amendment. We reserve the right, in its sole discretion, to amend the terms of the Service
<br />Levels and/or to other terms of this Agreement following the expiration of one year from the date of
<br />the start of a particular Service Level, provided we provide you at least thirty (30) days advanced
<br />notice of the proposed changes. If you do not accept amendments made to the Service Levels or any
<br />other terms of this Agreement, then this Agreement will be immediately terminated, along with the
<br />End User License Agreement.
<br />5.7 Force Majeure. Neither party shall be liable for any delay in performance of its obligations under
<br />this Agreement to the extent such delay in performance of its obligations is caused by involuntary
<br />plant shutdown, acts of God, fires, floods, earthquake, wars, riots, terrorism, sabotage, labor disputes
<br />or shortages, government actions, the inability to obtain materials or transportation, or any other
<br />circumstances beyond the reasonable control of the affected party (each, a "Force majeure Event').
<br />In the event of a Force Majeure Event, the non -performing party will be excused from further
<br />performance during the period that the Force Majeure Event prevails and shall resume performance
<br />at such time as the impairment caused by such circumstances ends or would have ended had the
<br />affected party taken reasonable steps to remedy the Force Majeure Event.
<br />5.8 Notices. Any notice required or permitted to be given under this Agreement shall be in writing
<br />and shall be deemed given and received (i) when personally delivered with a receipt obtained, (ii) on
<br />the date noted as the date received, refused or uncollected if sent by certified or registered mail,
<br />return receipt requested, postage prepaid or (III) the earlier of receipt or two (2) business days after
<br />deposit with a nationally overnight delivery service (e.g., Federal Express), at the addresses set forth
<br />below each Party's name on the signature page, or to such other address that a party provides to the
<br />other party pursuant to the provisions of this paragraph.
<br />5.9 Counterparts and Facsimiles. This Agreement may be executed in multiple counterparts, each
<br />of which shall be deemed an original, but all of which together shall constitute one and the same
<br />instrument. In addition, this Agreement may be executed by facsimile signatures and such signatures
<br />shall be deemed an original.
<br />5.10 Insurance. Prior to undertaking performance of work under this Agreement, Laptops Anytime
<br />shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<br />A. Commercial General Liability Insurance. Laptops Anytime shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s) and shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property without any
<br />exclusion for claims of sexual molestation, resulting from any act or occurrence arising out of Laptops
<br />Anytime's operations in the performance of this Agreement, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in
<br />the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance
<br />shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s);
<br />(b) be primary and not contributory with respect to insurance or self-insurance programs maintained
<br />by the City; and (c) contain standard separation of insureds provisions.
<br />B. Business automobile liability insurance, or equivalent form, with a combined single limit of not
<br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -
<br />owned automobiles.
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