Lease-Purchase Agreement - ENS Group - Replacement of Network Switching Gear and ASA Firewall

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GENERAL INFORMATION LIABILITY LIMITATION: The remedies of Customer as setforth herein are exclusive. The liability of ENS Group with respect to any transaction, servicing, contract ofsale or anything done in connection therewith, whether in contract; tort, negligence, or under any warranty or otherwise shall not exceed the price of the goods and services supplied and invoiced by ENS Group for that individual transaction; and Customer agrees that Customer shall not seek monies or damages beyond the price ofgoods and services supplied and invoiced by ENS Group. ENS Group shall not be liable forspecial, indirect incidental or consequential damages,- and Customer agrees that Customer shall not seek special, indirect, incidental or consequential damages. ENS Group shall not be liable for loss or damages caused by contingencies beyond its control including, but not limited to, strikes, fires, acts of God or other accidents; and Customer agrees that Customer shall not seek to recoverfrom ENS Group for loss or damages caused by contingencies beyond ENSGroup's control including, but not limited to, strikes, fires, acts of God or other accidents. Customer agrees that ENS Group shall not be responsiblefor lost company data or network downtime due to hardware orsoftware failure of any kind and acknowledges that it is the responsibility of Customer to insure data backups are being performed. Customer understands that crashes and/or disruptions during work of the type set -forth in this agreement are possible and shall not hold ENS Group responsible for any of the effects, director indirect consequential orincidentaL GENERALITIES: 1. The existing environment must be fully operational and running before the start of this project. 2. ENS will not be held liable for lost data due to the past or future failure of any hardware or software that performs backups. 3. Work on this project will not begin unless all related hardware and software has been delivered and is available to the installation technicians. 4. Accurate IP address and HOST/DOMAIN name information provided by the ISP must be provided to a representative of ENS prior to installation. 5. All telecommunications line information provided by the line carrier and/or ISP must be provided to a representative of ENS prior to installation. 6. Correct telephone numbers and point of contact information for the line carrier and ISP must be provided to a representative of ENS prior to installation. 7. The client must provide all licenses, software, and documentation required for configuration. 8. This proposal does not include the installation or configuration of any equipment except for that specifically indicated in this Project Management Plan. 9. Unless specifically incorporated into this Project Management Plan, the client is responsible for the operation and configuration of any routers. 10. Additional time spent working with the ISP and/or Telco vendors to solve Internet or WAN -related problems outside of the client's local office are tracked and billed on an hourly basis. 11. The telecommunication line must be already installed to the DMARC and tested by the line carrier prior to the beginning of this project. if required, the DMARC must be extended to the equipment room prior to the beginning of this project. 12. Appropriate utility power must be available and tested for all networking equipment prior to the beginning of this project. The power circuits must be active and have the appropriate power receptacles installed for the network equipment. 13. The client must provide full access to workstations upon request. 14. The client will provide full access and administrative rights to all servers as required. 15. ENS will not be responsible for ensuring the proper operation of any 3rd party applications installed on the server during or after the completion of this project. Statement of Work for City of South Bend 11