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Home My WebLink AboutContract 39492International Business Machines Corporation International Business Machines Corporation, PO Box 643600, Pittsburgh, PA 15264-3600 Quotation Number: 15093262 IBM Contact: Christine Lynam Phone Number: 1-508-689-0130 SAP Customer Number: 3070710 IBM Customer Number: 1784461 Customer: Ann: Julie Smith City of Fort Worth Water IT Dept 1000 Throckmorton St. FORT WORTH TX 76102 UNITED STATES vITY �E064ETARY ONTI oAOT NO . 02-Sep-2009 Quote Expiration Date: 30-Nov-2009 Payer: 3070710 City of Fort Worth Water IT Dept 1000 Throckmorton St. FORT WORTH TX 76102 UNITED STATES Item Part Number Quantity Unit Price Extended Amount IBM Tivoli Maximo Asset Management Registered User SW Subscription & Support Renewal 01 E036CLL 3 842.96 25528988 Subscription and Support 01-Dec 2009 - 30-Nov-2010 Applicable tax will be recalculated at the t me of order processing. Subtotal in USD: 29528.88 Estimated Tax in USD: 0.00 Total in USD: 25528.88 original Page 1 of 4 Quotation Terms and Conditions 1. The prices listed above are based on the Programs) being licensed under the terrns of the IBM International Program License Agreement ("IPLA") and the License Information ("LI") that can be viewed at http://www-306.ibm.com/software/sla/sladb.nsf/ and are included with the shipment of the Program, or for electronic delivery included with the product download instructions. Software Subscription and Support (Software Maintenance) is governed by the IBM International Agreement for the Acquisition of Software Subscription and Support ("IAASSS"), which is available upon request. This quotation is expressly conditional on acceptance of such terms. No additional terms will apply without IBM's prior, express written consent. 2. More detailed information about Support can be found in the IBM Software Support Guide, located at httjp#1 techsuppw1 scr6cec.ihm cam/guides1bandha kp himl, 3. Price quoted does not include any VAT/GST/sales tax. Applicable sales taxNAT/GST will be added upon invoicing, If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and/or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date.* 4. Changes to the terms of this Quote or the documents referred to herein shall not be valid unless agreed in writing by the End User and IBM. Additional or different terms in any order or written communication from the End User will be void. Please submit your Purchase Order or sign this quotation form to confirm your acceptance of these terms.** 5. Prices set forth in this Quote are valid only through the "Quote Expires" date above. Any discounts offered herein are subject to change if items) or quantity ordered do not match those listed in this Quote. 6. Net Payment of the Total Fees is due upon receipt of invoice from IBM. *** Shipping is FOB Origin, 8. You acknowledge and agree that this transaction is to be conducted in the language of this quote, and agree that the terms of the agreement (including this form and the IPLA, LI and IAASSS) as written are valid and enforceable. *** 9. IBM shall have the right to verify your compliance with the license terms on your premises during your normal business hours and in a manner that minimizes disruption to your business. IBM may use an independent auditor for this with your prior approval, which you will not unreasonably withhold. If you are a Business Partner you will procure that IBM has the right to verify the End User's compliance with the license terms in accordance with this paragraph. 10. Unless otherwise agreed, IBM may make partial shipment of Programs making up one order. 11. This quotation is conditional on satisfactory credit checks being performed and a sufficient credit limit being in place at the time of placing dre purchase order ("PO"). In the absence of this, IBM reserves the right to reject the PO, to require up -front payment or require that a satisfactory payment guarantee be put in place prior to processing the PO. 12. This Quote, and the documents referenced herein, including but not limited to the IPLA, LI and IAASSS in Item I above, constitute the entire agreement between the parties (and where relevant the End User) in connection with the subject matter includes, and supersedes, merges and voids all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect thereto. * For Customers in Brunei, Indonesia, Philippines, Vietnam, Malaysia, Thailand, Hong Kong, Taiwan, or Macau Item 3 is replaced as follows: 3. Price quoted does not include any Val /GST/sales tax or other local tax. Applicable sales or local taxNAT/GST will be added upon invoicing. Should you be required under any law or regulation of any government entity or authority, domestic or foreign, to withhold or deduct any portion of the payments due to IBM, then the sum payable to IBM shall be increased by the amount necessary to yield to IBM an amount equal to the sum it would have received had no withholdings or deductions been made. The End User is responsible for any personal property taxes for the Programs, and/or Software Maintenance from the original Page 2 of 4 delivery date. * For Customers in Europe, Middle East or Africa Item 3 is replaced as follows: Price quoted does not include any VAT/GST/sales tax. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and/or Software Subscription and Support, then you agree to pay the amount specified on the invoice or supply exemption documentation. The end user of the Programs ("End User") is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date. * For Customers in Australia Item 3 is replaced as follows: 3. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and/or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date. If the rate of GST or other indirect taxes changes, IBM may adjust the charge or other payable to take into account that change from the date the change becomes effective. * For Customers in Japan Item 3 is replaced as follows: 3. Price quoted does not include any consumption tax. Applicable consumption tax will be added upon invoicing. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Programs and/or Software Subscription and Support, then the End User agrees to pay the amount specified or supply exemption documentation. The End User is responsible for any personal property taxes for the Programs, and/or Software Subscription and Support from the delivery date. **For Customers in Europe, Middle East or Africa Item 4 is replaced as follows: 4. Changes to the terms of this Quote or the documents referred to herein shall not be valid unless agreed in writing by the End User and IBM. Additional or different terms in any order or written communication from the End User will be void. Please submit your Purchase Order to confirm your acceptance of these terms. *** For Business Partner Item 6 is replaced as follows: 6. Net payment due upon receipt or per yoiu Partner Agreement *** For Business Partner Item 8 add the following: Added to 8. Prior to providing any Program(s) to the End user, you will ensure that the terms of each end -user license agreement satisfies fire requirements of your Partner Agreement. For customers in the following countries, please sign below for your acceptance of this quote and return with your order. Afghanistan, Albania, Algeria, Andorra, Angola, Bahrain, Belgium, Benin, Botswana, Bulgaria, Burkina Faso, Burundi, Cameroon, Caper Verde, Central African republic, Chad, The Democratic Republic of Congo, Cote D'Ivoire, Czech Republic, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, France, French Guiana, French Polynesia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Iran, Iraq, Italy, Japan, Jordan, Kenya, Kuwait, Lesotho, Liberia, Libya, Macedonia, Malawi, Mali, Malta, Mauritania, Morocco, Mozambique, Namibia, Netherlands, Niger, Nigeria, Oman, Pakistan, Palestinian Territory, Poland, Qatar, Rwanda, San Marino, Sudan, Swaziland, Syria, United Republic of Tanzania, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, Western Sahara, Yemen, Zambia, and Zimbabwe. For customers in the following countries, please sign below for your acceptance of this quote and return with your order. 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