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2018-193A
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Last modified
1/4/2021 1:08:19 PM
Creation date
11/5/2018 10:22:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
10/23/2018
Control Number
2018-193A
Agenda Item Number
8.D.
Entity Name
Microsoft
Enterprise agreement Contract Extension (2 contracts)
Subject
(2) Extension contracts to continue licensing coverage of desktops, laptops, and server systems
three (3) year extension 2018-2021
Enrollment numbers new/(old): 56987029 (7409364); 59360699 (5642412)
Agreement number 01E73902
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b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew <br />Products by renewing this Enrollment for one additional 36 -month term or by signing a new <br />Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal <br />order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. <br />Microsoft may make changes to this program that will make it necessary for Customer and its <br />Enrolled Affiliates to enter into new agreements and Enrollments at renewal. <br />c. If Enrolled Affiliate elects not to renew. <br />(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any <br />Product under Its Enrollment, then Enrolled Affiliate will not be permitted to order Software <br />Assurance later without first acquiring a new License with Software Assurance. <br />(if) Online Services eligible for an Extended Term. For Online Services identified as eligible <br />for an Extended Term in the Product Terms, the following options are available at the end <br />of the Enrollment initial or renewal term. <br />1) Extended Term. Licenses for Online Services will automatically expire in accordance <br />with the terms of the Enrollment. An extended term feature that allows Online Services <br />to continue month-to-month ("Extended Term`):for,up to one year; unless designated <br />in the Product Terms to continue until cancelled; is available.`,,Duririg the Extended <br />Term, Online Services will be invoiced monthly at the.then-curreht,published price as <br />of the Expiration Date plus a 3% administrative fee.'lf Enrolled Affiiiiate wants an <br />Extended term, Enrolled Affiliate must submit.a request to Microsoft at least 30 days <br />prior to the Expiration Date. <br />2) Cancellation during Extended Term. At any time during the first year of the <br />Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a <br />notice of cancellation to Microsoft for each Online Service. Thereafter, either party <br />may terminate the Extended Term by providing the other with a notice of cancellation <br />for each Online Service. Cancellation will be effective at the end of the month following <br />30 days after Microsoft has received or issued the notice. <br />(iii) Subscription Licenses and Online Services; not eligible for an Extended Term. If <br />Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as <br />of the Expiration Date: --Any, associated media must be uninstalled and destroyed and <br />Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written <br />certification to verify compliance. <br />:d:>.,Termination 16r cause. Any termination for cause of this Enrollment will be subject to the <br />'Termination for cause' section of the. Agreement. In addition, it shall be a breach of this <br />Enrollment if Enrolled Affiliate -or: any Affiliate in the Enterprise that uses Government <br />Community Cloud Services fails to meet and maintain the conditions of membership In the <br />definition of Community, <br />e. Early termination. Any early termination of this Enrollment will be subject to the "Early <br />Termination" Section of the Enterprise Agreement. <br />For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an <br />Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid <br />in advance for the period after termination, <br />6. Government Community Cloud. <br />a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud <br />Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use <br />Government Community Cloud Services solely in its capacity as a member of the Community <br />and, for eligible Government Community Cloud Services, for the benefit of end users that are <br />members of the Community. Use of Government Community Cloud Services by an entity that <br />is not a member of the Community or to provide services to non -Community members is strictly <br />EA2016ErvGov(US)SLG(ENGYN ov2016) Page 6 of 10 <br />Document X20.10634 <br />
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