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ConvergeOne, Inc. CSA 20231204
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ConvergeOne, Inc. CSA 20231204
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Last modified
3/25/2024 1:25:26 PM
Creation date
12/26/2023 2:38:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/4/2023
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PERM
Document Relationships
5G Consent
(Amended by)
Path:
\City Clerk\City Council\Agenda Packets\2023\Packet 20231204
Reso 23-173 2023 Resolution CSA ConvergeOne
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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ACCEPTED BY:TITLE:TITLE:BUYER:DATE:SELLER:DATE:This Order is a configured order and/or contains software.This Solution Summary summarizes the documents(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this “Order”). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary.Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the “Agreement”): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C1" or "Seller") and Customer; or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.onec1.com/agreements . If Customer’s Agreement is a master agreement entered into with one of C1's predecessors, affiliates and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications, located at: https://www.onec1.com/agreements . In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement.This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, “Products”); (b) any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (collectively, “Professional Services”); (c) any Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, “Managed Services”); and/or (d) any Seller-provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications (collectively, “Maintenance Services”). For ease of reference only, Professional Services, Managed Services and Maintenance Services may be referred to collectively as “Services.” Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement. Notwithstanding anything to the contrary stated above, this Order is subject to the terms and conditions of the Public Sector Contract referenced herein, and such Public Sector Contract supersedes all references to a Master Sales Agreement, the Online General Terms and Conditions, and/or a Legacy Master Agreement referred aboveProducts and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof. Thereafter, this Order will no longer be of any force and effect. Due to rapidly changing prices in the market for third party Products and/or Services, after the expiration of the foregoing 30 day period, Seller reserves the right to adjust offerings and/or prices accordingly prior to issuing any new Order(s). CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1Page #: 2 of 8Date: 10/13/2023Documents #: OP-000777241SO-000872962Solution Name: Data Center Upgrade ProjectCustomer: City of San Leandro <br />DocuSign Envelope ID: F142FC13-2565-4871-97AE-5ACD1BA331FC
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