SIEMENS INDUSTRY, INC. (2) - 2015

Home Browse Search

Addendum 1 to Civic Center Video Maintenance Agreement ( "Agreement') between City of Santa Ana ( "City ") and Siemens Industry, ,Inc., Building Technologies Division ( "Consultant') Dated: July 8, 2015 City and Consultant agree to modify the Terms and Conditions as follows, where the Terms and Conditions of the Agreement conflict with or differ from the Terms and Conditions of this Addendum, the provisions of this Addendum will control, and notwithstanding anything herein to the contrary, no reference to or incorporation of any contract, specification or document other than the Agreement and this Addendum shall grant rights to or impose any obligations upon either party relative to warranty, indemnity, insurance, delay, liquidated damages, payment or rights to drawings, computer code or other proprietary information: 5. OWNERSHIP OF MATERIALS is hereby amended as follows: "...to copy, use, modify, reuse, or sublicense..." and by adding the following: "Consultam shall retain ownership of all of its pre- existing intellectual property ( "Seller Intellectual Property"), including any Seller Intellectual PropertN that has been incorporated into work that is deliverable to Citv ('Deliverables "). Further, nothing contained in this Agreement shall be interpreted or construed to convey to City the pre- existing intellectual property rights of any third party incorporated into the Deliverables or Seller Intellectual Property rights." 6. INSURANCE is hereby amended as follows: "e. (iii) ... not be canceled rr�a�� material aspec without thirty (30)..." and by deleting the last sentence in sub- section f. in its entirety. 20. MISCELLANEOUS PROVISIONS is hereby amended by adding the following: "c. Anything herein notwithstanding, in no event shall either City or Consultant be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages." The parties agree that this Addendum modifies the Agreement between the parties dated June 1, 2015 and is incorporated therein by this reference. City: ( By: Name: MUST' ARIAD. HUIZAR� CLERK OF THE COUNCIL City of Santa Ana AEMA- ZO801Z Consultant: Siemens SS'iemens(Industry, /Inc. By: t 9-- Name: t ; r I L .�1GW� -t' �naanws i>F wwa..n'+�ve^ LE Name: