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<br />---- <br />---- <br />.. .. - -- <br />--- <br />.. - --.. <br />.. .. - --- <br />----- <br />---'- <br /> <br />Master Services Attachment for Service Elite <br /> <br />1. Scope of Services <br /> <br />IBM will provide you Services as described in this Attachment and. if applicable, its Statements of Work and Change AUlhorizations to support your <br />hardware and software products (called "Eligible Machines," "Eligible Programs," and together "Eligible Products"). Services are available for <br />Eligible Products normally used for business, professional. or trade purposes. rather than personal, family, or household purposes. <br /> <br />IBM will identify the Eligible Products. the Services that apply to them. and the Services transaction contract period in Schedules that reference this <br />Allachment and any associated Statements of Work and Change Authorizations. Each Schedule wilt also identify the Specified Locations at which <br />the Services will be provided. A Specified Location may be your entire information processing environment. or a portion thereof, which may be <br />resident at multiple sites or a single building. <br /> <br />The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this AlIachment and its Statements of Work <br />and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program <br />support Service as specified in a Schedule. <br /> <br />2. Sales through IBM and IBM Business Partners <br /> <br />You may acquire Services through IBM or an IBM Business Partner. or their designee, authorized to resell IBM Services. IBM Business Partners <br />establish the price and general business terms at which they market the IBM Services to you and they will communicate these direclty to you for <br />all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities <br />associated with these Services. Therefore, IBM will provide the Services as described in this Allachment and its associated Stalements of Work <br />and Change Authorizations (and their Schedules). <br /> <br />Whenever IBM is required to provide notification 10 you or you are required to provide notification to IBM, each of us also agrees to notify the <br />applicable IBM Business Partner if one is engaged in the transaction. <br /> <br />In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for any reason, IBM will so notify <br />you in writing. You may continue 10 receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another <br />IBM Business Partner of your choice (who may require you 10 first execute one of their agreements) that is approved to offer you IBM Services, <br />or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing. <br /> <br />IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any <br />products or services that they supply to you under their agreements. <br /> <br />Each of us agrees that the complete agreement between us aboul these Services consists of 1) Ihis Atlachment and its associated Statements of Work <br />and Change Authorizations, 2) Schedules to this Allachment and its associated Slalemenls of Work and Change Authorizalions, 3) supplemental terms <br />referenced in this Attachment and its associated Stalemenls of Work and Change Authorizations, and 4) the IBM Customer Agreement (or any equivalent <br />agreemenl in effect between us) identified below. Accordingly, in entering into this Attachment you acknowledge that you are not relying upon any <br />representation made by or on behalf of IBM thaI is not fully and expressly sel oul in the documents specified above, such as Ihe results of any Services. <br />By signing below for our respective Enterprises, bolh of us agree to the terms of this Allachment without modification. <br /> <br />As used In this Attachment, "you" and "your" refer to Ihe Enterprise identified below. <br /> <br />Agreed to; <br />CITY OF SUNNY <br /> <br /> <br />o~ \....\).u~, As.!o.f.. ~~ M'jr. <br />"\~S'\Ol,> <br /> <br />Agreed to: <br />International Business Machines Corporation <br />By ~ AN- <br />( Authorized Signature <br />Name (type or pnn-t) Y t ......'IV't.i ,'i <br /> <br />/ III 1/ , i, <br /> <br />Allachmentnumber:MAS27BT APPROVED AS TO FORM <br />Agreemen' number: SSP4402 A L_GUFFlCENCY <br />IBM address: ~ <br />, <br />/ <br /> <br />(JA'1 ,,,t, <br /> <br />By <br /> <br />Name {type or prin <br />Date: <br /> <br />Date: <br /> <br />Enterprise number: 08638906 <br /> <br />Enterprise address: <br /> <br />!fOra C6LLH4S "'\'Eo \ 'l.O'lo c.o\\;'\S AVt..rwL ~ <br /> <br />:15 BCH FL 33160,3635 1(,*/'1( <br /> <br />IBM CORPORATION <br />4111 NoRTHSIDE PARKWAY <br />A TLANT A, GA 30327 <br /> <br /> <br />INOT, CITY ATTORNJ <br /> <br />Z125,7227,02 4/2006 (MK076) <br /> <br />conlracl AS27BT (prepared 07121/0610:31 AVJMART) <br /> <br />Page 1 of 5 <br /> <br />S \ \ <br />