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Item 17 - Agreement with TPX Communications for Telecom Services
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04/06/2021 Regular
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Item 17 - Agreement with TPX Communications for Telecom Services
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8/21/2023 5:18:45 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
17
Date
4/6/2021
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2/24/2021 Quote: 397773 / City of Santa Ana - Dash <br />https://dash.tpx.com/ribeye/service/file?id=1377739&deleteAfterServing=1&inline=1 18/21 <br />Doing Business As (DBA) <br /> <br />Legal Composition: [ ] Corporation [ ] General Partnership [ ] LLP [ ] LLC [ ] Sole Proprietorship <br /> <br />State Organized <br /> <br />20 Civic Center Plz Santa Ana, CA <br />92701 <br />Billing Address <br />Section B Acceptance <br />By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has the <br />authority and power to sign on behalf of Customer and bind Customer to the Agreement (including this Equipment <br />Addendum). THE AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF <br />ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. The Agreement <br />(including this Equipment Addendum) shall become a binding contract upon execution by Customer and acceptance by TPx. <br />ELECTRONIC CONTRACTING AND SIGNATURE ACKNOWLEDGMENT. To the extent that Customer executes the Agreement <br />and/or the Equipment Addendum electronically, Customer agrees that (i) the Agreement (including this Equipment Addendum, <br />as supplemented by each Delivered Equipment Schedule) is an electronic contract executed by Customer using Customer ’s <br />electronic signature, (ii) Customer ’s electronic signature signifies Customer ’s intent to enter into the Agreement (including <br />this Equipment Addendum, as supplemented by each Delivered Equipment Schedule) and that the Agreement (including this <br />Equipment Addendum, as supplemented by each Delivered Equipment Schedule) be legally valid and enforceable in <br />accordance with its terms to the same extent as if Customer had executed the Agreement (including this Equipment <br />Addendum) using its written signature and (iii) the authoritative copy of the Agreement (including this Equipment Addendum, <br />as supplemented by each Delivered Equipment Schedule) (“Authoritative Copy”) shall be that electronic copy that resides in a <br />document management system designated by TPx for the storage of authoritative copies of electronic records, which shall be <br />deemed held by TPx in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is converted <br />by printing a paper copy which is marked by TPx as the original (the “Paper Contract”), then Customer acknowledges and <br />agrees that (1) Customer ’s signing of the Agreement (including this Equipment Addendum) with Customer ’s electronic <br />signature also constitutes issuance and delivery of such Paper Contract, (2) Customer ’s electronic signature associated with <br />the Agreement (including this Equipment Addendum, as supplemented by each Delivered Equipment Schedule), when affixed <br />to the Paper Contract, constitutes Customer ’s legally valid and binding signature on the Paper Contract and (3) subsequent to <br />such conversion, Customer’s obligations will be evidenced by the Paper Contract alone. <br />X <br />Agreed by: Customer Signature Date <br /> <br />Customer Name (Print) Title <br /> <br />Sales Representative Name Phone <br />ENV91971328-9742-EAEE-4663-DBAC <br />03/11/2021 21:41 PM UTC <br />Eric Mark 2132334014
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