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Res-2019-011
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2019-01-15 10:00 AM - Commissioners' Agenda
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Res-2019-011
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Last modified
11/4/2019 9:10:50 AM
Creation date
11/4/2019 9:10:19 AM
Metadata
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Template:
Meeting
Date
1/15/2019
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
e
Item
Request to Approve a Resolution Authorizing a Microsoft Enterprise Agreement
Order
5
Placement
Consent Agenda
Row ID
50670
Type
Resolution
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5. End of Enrollment term and termination. <br />a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for <br />Licenses for Products it has used but has not previously submitted an order, except as <br />otherwise provided in this Enrollment. <br />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 />:;...,,.,--- <br />(i) Software Assurance. If Enrolled Affiliate elects not to renew Softwar~ Assurance for <br />any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order <br />Software Assurance later without first acquiring a new License with Software Assurance. <br />(ii) Online Services eligible for an Extended Term. For Online Services identified as <br />eligible for an Extended Term in the Product Terms, the following options are available at <br />the end of the Enrollment initial or renewal term. <br />1) Extended Term . Licenses for Online Services will automatically expire in <br />accordance with the terms of the Enrollment. An extended term feature that allows <br />Online Services to continue month-to-month ("Extended :term") for: up to one year, <br />unless de~i!1)11ated in the Produpt-Terms to, ~qntlnue untl _l c~pceJled, is avai lable. <br />Dufi!J9 .the ,E~ended Term , pnline Ser:vices will be.fnve1ced -,QnthlY. at. the then- <br />c,µ ent pOb!ished price as of thE! Expiratiqn Da e plys-a, 3% attr:ninistratilJ'e fee. If <br />E~re11e~.Afflliate ~ants an E><1enl:f~d Term, Enroll~·. Affiliate m1:1sf sUpfJ;llt ra-1_~l!lest to <br />Microsoft at least 3~ days P..rior to the ExpiratiQn DaJe, <br />2) Cancellation durfng Extepded Te"f". _ t ·~) tlJ!!e , uring the _ first year of the <br />Extended Term, Enrolled l\ffllla e roay erminaf sffi e Bdehdecl Tern, by submitting a <br />notice of cancellation to Micr;o$oft; for each Online Service. Tflereafter1 either party <br />may terminate the Extended Te mr by provid ing the other with a notlce of cancellation <br />for each Online Service. Canceflation will be effective at the end of the month <br />following 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 for 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 <br />paid in advance for the period after termination. <br />EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 6 of 10 <br />Document X20-10634
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