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<br />Support and Managed Services Agreement <br /> <br />any NextiraOne employee(s) providing work to Customer under this <br />Agreement during the Term of this Agreement and for one (I) year after <br />termination or expiration. (K) Document Precedence. In the event of any <br />-,;ontlict between this Agreement, Scope of Work, exhibits, attachments or <br />Örders the order of precedence shall be: (i) these terms and conditions; <br />:ii) the Scope of Work; (iii) applicable Service Plan(s); (iv) any Order; <br />and (v) any other attachments and/or exhibits. (L) Merger and <br />Modification. This Agreement supersedes and replaces in its entirety any <br />document executed previously OT conternporaneously to this Agreement, <br />all prior or contemporaneous proposals, communications and <br />negotiations, both oral and written, relating to the subject matter. of this <br />Agreement and constitutes the entire agreement between NextiraOne and <br />Customer with respect to the subject matter herein. No usage of trade or <br />course of dealing by or between the parties shall be deemed. to constitute <br />any' modification or amendment of the terms of this Agreernent. No <br />subsequent agreement among the parties conceming the services shall be <br />effective or binding unless it is made in writing and executed by authorized <br />representatives of the parties. Neither electronic mail nor instant messaging <br />shall be considered a "writing" sufficient to change, modify, extend or <br />otherwise affect the terms of the Agreement. If, at Customer's request, <br />NextiraOne delivers additional equipment, software, or maintenance, or <br />provides time and materials maintenance or other incidental services <br />relating to the system, the terms of this Agreement will govern. Any <br />representations, warranties or statements made by any employee, <br /> <br />.+~"' <br />..'4' <br />nextlraOne <br /> <br />salesperson or agent of NextiraOne and not expressed in this Agreement <br />are expressly not a part of this Agreement and shall not bind NexlirdOnc. <br /> <br />IN WITNESS WHEREOF, the paTties hereto have caused this <br />Agreement to be executed by their duly authorized representativcs as sel <br />forth below. <br /> <br />By: <br />Name: <br />Title: <br />Date: <br /> <br />CITY OF SAN MARCOS <br /> <br />~l.h / <br />Don O'L;;ry V <br />City Manager <br />July 13, 2004 <br /> <br />NEXTIRAONE,. LLC on behalf of itself and/or its applicable <br />subsidiary or affiliate <br /> <br /> <br />.~~~ <br /> <br />By: <br />Name: <br />Title: <br />Date: <br /> <br />CN6210-04 <br /> <br />CitySanMarcosCN6210-04rcr7-12c04 <br /> <br />NextiraOne Confidential <br /> <br />q,~ROv. <br />~ <br /><SQp..\.. <br /> <br />Page 4 or 4 <br />