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CCP 01292024
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CCP 01292024
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Last modified
3/20/2024 2:18:21 PM
Creation date
3/20/2024 2:17:06 PM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
1/29/2024
Meeting Type
Regular
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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of <br />the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any <br />third-party services required for Services are interrupted; (c) if Flock reasonably believe Services <br />are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or <br />attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance <br />(“Service Interruption”). Flock will make commercially reasonable efforts to provide written <br />notice of any Service Interruption to Customer, to provide updates, and to resume providing <br />access to Flock Services as soon as reasonably possible after the event giving rise to the Service <br />Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any <br />loss of data or profits), or any other consequences that Customer or any Authorized End User may <br />incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused <br />by Customer’s direct actions or by the actions of parties associated with the Customer, the time <br />will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at <br />least one full day). For example, in the event of a Service Interruption lasting five (5) continuous <br />days, Customer will receive a credit for five (5) free days at the end of the Term. <br />2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End <br />User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack <br />on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the <br />Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of <br />Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal <br />activities; (d) Customer has violated any term of this provision, including, but not limited to, <br />utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized <br />access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not <br />be entitled to any remedy for the Service Suspension period, including any reimbursement, <br />tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled <br />by the duration of the Service Suspension. <br />2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other <br />hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In <br />the event any such hazardous materials are discovered in the designated locations in which Flock <br />is to perform services under this Agreement, Flock shall have the right to cease work <br />immediately. <br />Qbhf!2::!pg!367 <br /> <br />
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