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Agenda Packets - 2023/11/06
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Agenda Packets - 2023/11/06
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Last modified
1/28/2025 4:50:57 PM
Creation date
11/14/2023 12:20:06 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
11/6/2023
Supplemental fields
City Council Document Type
Packets
Date
11/6/2023
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Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's <br />rights to any damages Flock may sustain as a result of Customer's default and Flock shall have <br />the right to enforce any other legal remedy or right. <br />10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock <br />Hardware for optimal product functionality, as conditions and locations allow. Flock will <br />collaborate with Customer to design the strategic geographic mapping of the location(s) and <br />implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the <br />event that Flock determines that Flock Hardware will not achieve optimal functionality at a <br />designated location, Flock shall have final discretion to veto a specific location, and will provide <br />alternative options to Customer. <br />10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent <br />requested changes to the Deployment Plan, including, but not limited to, relocating, re- <br />positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles <br />will incur a fee according to the reinstall fee schedule located at <br />(htips://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and <br />confirm approval of any such fees. <br />10.4 Customer Installation Obligations. Customer is responsible for any applicable <br />supplementary cost as described in the Customer Implementation Guide, attached hereto as <br />Exhibit C ("Customer Obligations"). Customer represents and warrants that it has, or shall <br />lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the <br />Flock Hardware at the designated locations and to make any necessary inspections or <br />maintenance in connection with such installation. <br />10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional <br />manner within a commercially reasonable time from the Effective Date of this Agreement. Upon <br />removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary <br />wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the <br />length of the Term. Flock may use a subcontractor or third party to perform certain obligations <br />under this agreement, provided that Flock's use of such subcontractor or third party shall not <br />release Flock from any duty or liability to fulfill Flock's obligations under this Agreement. <br />11. MISCELLANEOUS <br />
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