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HomeMy WebLinkAboutContract 55306 DocuSign Envelope ID:C9478C3B-1 31 A-4D67-B3D9-C741 AC01 E24F CSC No.55306 !M Microsoft Volume Licensing Program Signature Form MBA/MBSA number 000-ryanmoe-E-457 Agreement number Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here,or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner,Institution,or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. ContractDocument Numberor • • Campus and School Agreement X20-11366 <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code School Enrollment X20-11473 <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code Amendment CTM-CTC-AGR NEW Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2)agree to be bound by the terms of all such documents. Name of Entity(must be legal entity name)* Fort Worth Public Library Signature* V4,4rce'W fvtrtt Printed First and Last Name1*/alerie Washington Printed Title Assistant City Manager Signature Date* Feb 15,2021 Tax ID *indicates required field OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of Document X20-12883 DocuSign Envelope ID:C9478C3B-1 31 A-4D67-B3D9-C741 AC01 E24F Microsoft Affiliate DocuSigned by: Microsoft Corporation ln'In' Signature Printed First and Last Name MaryAnn Holt and Printed Title Authorized signer Signature Date 1/27/2021 (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoffs signature date) Optional 2"d Customer signature or Outsourcer signature(if applicable) Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field Outsourcer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer,send it and the Contract Documents to Customer's channel partner or Microsoft account manager,who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551,Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883 ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and ypl�-yV��vyv administration of this contract, including By. Valerie Washington(Feb 15,20fl 16:50 CST) ensuring all performance and reporting Name: Valerie Washington requirements. Title: Assistant City Manager Feb 9,2021 By: Alex Varghese(Feb 1,2021 19:20 CST) APPROVAL RECOMMENDED: Name: Alex Varghese Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND By: LEGALITY: Name: Kevin Gunn a444�an� Title: IT Solutions Director a� FORt�aa t Q!1 O�o°oo°0000�' Y G�o oO.p�d By: JB Strong(Feb 1 , 02116:28 CST) ATTEST: o s i Name: John Strong Paa °o*.� Title: Assistant City Attorney oO000000° .d a �'EX ASoAp �nanvoo CONTRACT AUTHORIZATION: By: M&C: P-12181 Name: Mary J. Kayser Date Approved: 4/3/2018 Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F �— Microsoft Volume Licensing School Subscription Enrollment Campus&School Agreement Previous Subscription Enrollment number Number (Microsoft Affiliate orReseller to (if applicable) complete) (Reseller to complete) Subscription Enrollment number (Microsoft Affiliate to complete) This Enrollment must be attached to a signature form to be valid. The School Subscription program gives Institution the right, during the Licensed Period, to have Institution and Institution's Users run Microsoft software on Institution's eligible PCs. Institution's Users may include members of the public who access PCs that remain in Institution's open access lab(s)or libraries. Institution may not permit remote access to software installed on open access PCs. Institution may choose to enroll one or more entire schools in a district. Non-exclusivity. This Enrollment is non-exclusive. Nothing contained in it requires Institution to license, use, or promote Microsoft software or services exclusively. Institution may enter into agreements with other parties to license, use, or promote non-Microsoft software or services. Definitions. The term "eligible PCs" means all of the Pentium III, iMac G3, or equivalent or better PCs in the Institution, plus any additional PCs on which Institution chooses to run any of the software. All terms used but not defined in this Enrollment are located at http://microsoft.com/licensing/contracts. 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The * indicates required fields. Microsoft may disclose contact information as necessary to administer this Enrollment. a. Primary contact information. The Institution signing this Enrollment must identify an individual from inside its organization to serve as the primary contact. This contact is also the default online administrator for this Enrollment and will receive all notices unless Institution provides Microsoft written notice of a change. The online administrator may appoint other administrators and grant others access to online information. Name of entity(must be legal entity name)* Fort Worth Public Library Contact name* First Sallie, Last Trotter Contact email* Sallie.Trotter@fortworthtexas.gov Street address* 500 W. Third St. City* Fort Worth, State/Province* TX Postal code* 76102-7305 Country* USA Phone* (817)392-8442 Fax Tax ID b. Notices and online access contact information. Complete this only if Institution wants to designate a notices and online contact different than the primary contact. This contact will become the default online administrator for this Enrollment and receive all notices. This contact may appoint other administrators and grant others access to online information. ® Same as primary contact Name of entity* Contact name* First , Last Contact email* SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 1 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F Street address* City* , State/Province* Postal code* Country* Phone* Fax ❑ This contact is a third party(not the Institution) Warning: This contact receives personally identifiable information of the Institution. c. Online services administrator. This person will receive communications concerning registration for online services ordered under this Enrollment. Name of entity* Fort Worth Public Library Contact name* First Sallie Last Trotter Contact email* Sallie.Trotter@fortworthtexas.gov Street address* 500 W.Third St. City* Fort Worth, State/Province* TX Postal code* 76102-7305 Country* USA Phone* (817)392-8442 Fax d. Language preference. Select the language for notices. English e. Microsoft account manager. Provide the Microsoft account manager contact for this Institution. Microsoft account manager name: Microsoft account manager Email address: f. Reseller information Reseller company name* SHI International Corp. Street address(PO boxes will not be accepted)* 290 Davidson Ave City* Somerset, State/Province* NJ and postal code* 08873 Contact name* Victoria Stepka Phone* 888-764-8888 Fax Email address* MSTeam@SHI.com The undersigned confirms that the information is correct Name of Reseller* SHI International Corp. Signature* Printed name* Printed title* Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with one another, Institution must choose a replacement. If Institution intends to change the Reseller, it must notify Microsoft and the former Reseller in writing on a form provided at least 30 days prior to the date on which the change is to take effect. The change will take effect 30 days from the date of Institution's signature. g. Distributor information (if applicable) Distributor company name* Ingram Micro Street address(PO boxes will not be accepted)* 1759 Wehrle Drive City and postal code* Williamsville 14221 Country* USA Contact name* Campus Agreement SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 2 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F Phone* (800)456-8000 Fax Email address* CampusSchool@ingrammicro.com 2. Designate participating school(s). Participating schools must belong to the same school district. Each participating school must enroll all its eligible PCs. Please select only one of the following two options: Only Institution is participating in this Institution and one or more schools in ® Enrollment ❑ Institution's district are participating in this (please continue on to Section 3) Enrollment(please continue below) If Institution is enrolling one or more schools in a district, please provide the school names below. If additional space is needed, add an additional sheet of paper. List of participating schools schools(please fill with the names of the . in this Enrollment) 3. Designate eligible PCs. Please indicate the total number of eligible PCs under this Enrollment (including PCs of all participating schools). The number of copies for each software product in Institution's faculty and staff initial order must be equal to the number shown in the table below. SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 3 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F Eligible Eligible PCs 500 4. Student full-time equivalent (FTE) option. The student FTE option gives Institution's students the right to run software on their own PCs or school- owned PCs that are assigned for individual, dedicated student use. The number of copies of each software product in Institution's student initial order must be equal to the number shown in the table below. Please select only one of the following two options: Institution selects the student FTE option ® Institution does not select the student FTE option (please complete table below) (please continue to section 5) Studentoption Total number of students to enroll: 5. Establishing Enrollment unit count and price level. Microsoft assigns units to each software product available in this program. Institution can verify the units assigned to each software product in the Product Terms located at http://microsoft.com/licensing/. Institution can use the"Standard School Qualification and Manual Order Form"as a reference to obtain the total units for Institution's Enrollment and total units for the student FTE option (if applicable). Institution agrees that the minimum number of software units being ordered under this Enrollment is equal to or greater than 300 units. If Institution chose the Student FTE Option, Institution agrees that the minimum number of software units being ordered under this Enrollment for the student FTE option is equal to or greater than 300 units. This qualification must be met with the first order placed under this Enrollment. Price level B is only available for some Products. Please select only one of the following two options: Unit count is at least 300 units Unit count is at least 300 units and total ® (Price Level A for all Products) ❑ Eligible PCs is greater than 2,500 Price Level B for some Products 6. Licensed period. Please select only one of the following two options: ❑ One Year Licensed Period ® Three Year Licensed Period This Enrollment will remain in effect during the Licensed Period. The Licensed Period begins on the date of Microsoft's email to Institution confirming Microsoft's acceptance of this Enrollment and expires after 12 full calendar months for a one-year Licensed Period, or 36 full calendar months for a three-year Licensed Period, unless earlier terminated or extended (as applicable)as provided in the agreement. As stated in the agreement, one-year Licensed Periods may be extended by placing an extension order. The terms of Institution's agreement and Enrollment will govern any extensions of a one-year Licensed Period. SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 4 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F 7. Qualifying systems Licenses. All operating system licenses provided under this program are upgrade Licenses. No full operating system licenses are available under this program. Therefore, all qualified desktops on which Institution will run the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product Terms at hftp://microsoft.com/licensing/contracts. 8. End of Enrollment term and termination. a. General. Microsoft will notify Institution in writing prior to the expiration of the Enrollment. The notice will advise Institution of the option to (1) extend the Enrollment, (2) submit a new Enrollment, (3)exercise the buy-out option,or(4)allow the Enrollment to expire. Microsoft will not unreasonably reject any extension order or new Enrollment. However, Microsoft may make a change to this program that will make it necessary for Institution to enter into a new agreement prior to extending or submitting new Enrollment. Each Licensed Period will start the day following the expiration of the prior Licensed Period. b. Renewal option. (1) One-year Licensed Period. Institution may elect to extend an initial one-year Licensed Period for(1)up to five consecutive terms of 12 full calendar months or(2)one term of 36 full calendar months. (ii) Three-year Licensed Period. Institution may elect to extend an initial three-year Licensed Period for either(1) up to three terms of 12 full calendar months or(2) one term of 36 full calendar months. c. If Institution elects not to renew. (1) Buy-out option. Institution may elect to obtain perpetual Licenses for Products licensed under this Enrollment, provided it has licensed such Products under one or more Enrollments (including any extensions) under the Agreement (or a predecessor agreement) for at least 36 full calendar months immediately preceding expiration of this Enrollment. To exercise its buy-out option, Institution must submit a buy-out order no more than 30 days prior to expiration of the Enrollment. The expiration date will be the invoice date for the buy-out order.The buy-out option is not available for Products licensed under the Student licensing option. Except as specifically provided otherwise in the Use Rights, perpetual Licenses acquired through the buy-out option are device Licenses. For example, a License is required for each PC on which Institution desires to run Office. (ii) Expiration of Enrollment. Institution may allow the Enrollment to expire. If the Enrollment expires, all software Products must be uninstalled and destroyed, and Organization must discontinue use. Because all Licenses acquired under this agreement are temporary, Institution will not be eligible to obtain Software Assurance for those Licenses under any other Microsoft Volume licensing program without first acquiring a perpetual License or License and Software Assurance (L&SA). d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause"section of the agreement. e. Early termination. If Institution terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Institution's Reseller a credit for any amount paid in advance for the period after termination. SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 5 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F Appendix Supplemental Terms and Conditions for Online Services If Institution orders Online Services, these Online Services Supplemental Terms and Conditions ("Supplemental Terms")update the terms of the Agreement and/or Enrollment, as applicable. 1. Definitions. Capitalized terms used but not defined herein shall have the meanings given them in the Agreement and/or Enrollment. The following definitions replace or supplement the definitions in the Agreement and/or Enrollment, as appropriate: "Institution Data" means all data, including all text, sound, software, or image files that are provided to Microsoft by, or on behalf of, Institution through Institution's use of the Online Services. "Online Services" means the Microsoft-hosted services identified in the Online Services section of the Product Terms. "Product" means all products identified on the Product Terms, such as all software, Online Services and other web-based services, including pre-release or beta versions. Products may be available under programs that vary by region. "Service Level Agreement" means the document specifying the standards to which Microsoft agrees to adhere and by which it measures the level of service for an Online Service. 2. Limited Warranty for Online Services. Microsoft warrants that the Online Services will perform in accordance with the applicable Service Level Agreement. This limited warranty is for the duration of Institution's use of the Online Service, subject to the notice requirements in the applicable Service Level Agreement. If Microsoft fails to meet this limited warranty and Institution notifies Microsoft within the warranty period, then Microsoft will provide the remedies identified in the Service Level Agreement for the affected Online Service. These are Institution's only remedies for breach of the limited warranty, other than remedies required to be provided under applicable law. This limited warranty is subject to the following limitations: a. the limited warranty does not cover problems caused by accident, abuse or use in a manner inconsistent with the Agreement and/or Enrollment, as applicable, or the Product Use Rights, or resulting from events beyond Microsoft's reasonable control; b. the limited warranty does not apply to components of Products that Institution is permitted to redistribute; c. the limited warranty does not apply to free, trial, pre-release, or beta products; and d. the limited warranty does not apply to problems caused by the failure to meet minimum system requirements. OTHER THAN THIS LIMITED WARRANTY, MICROSOFT PROVIDES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. MICROSOFT DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. THESE DISCLAIMERS APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. Any warranties, guarantees, or conditions not able to be disclaimed as a matter of law last for one year from the start of the limited warranty. SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 6 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F 3. Institution's agreement to protect. Institution will defend Microsoft against any claims made by an unaffiliated third party that: a. any Institution Data or non-Microsoft software Microsoft hosts on Institution's behalf infringes the third party's patent, copyright, or trademark or makes unlawful use of its Trade Secret; or b. arises from a violation of the Acceptable Use Policy, which is described in the Product Use Rights. Institution must pay the amount of any resulting adverse final judgment (or settlement to which Institution consents). This section provides Microsoft's exclusive remedy for these claims. Microsoft must notify Institution promptly in writing of a claim subject to this section. Microsoft must(1)give Institution sole control over the defense or settlement of such claim and (2) provide reasonable assistance in defending the claim. Institution will reimburse Microsoft for reasonable out of pocket expenses that it incurs in providing assistance. 4. Limitation on liability. To the extent permitted by applicable law, the total liability of each party, including its Affiliates and its contractors, for all claims arising under the Agreement is limited to direct damages up to the amount Institution was required to pay for the Online Service during the 12 months before the cause of action arose; provided that in no event will a party's aggregate liability for any Online Service exceed the amount paid for that Online Service under the applicable Enrollment. In the case of Online Services provided free of charge, or code that Institution is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to direct damages and capped at U.S. $5,000. These limitations apply regardless of whether the asserted liability is based on breach of contract,tort(including negligence), strict liability, breach of warranties, or any other legal theory. However, the limitations in this section will not apply to: a. Microsoft's obligations under the section of the Agreement titled "Defense of infringement, misappropriation, and third party claims" or Institution's obligations under the section of these Supplemental Terms titled "Institution's agreement to protect"; b. liabilities arising out of any breach by either party of its obligations under the section of the Agreement entitled "Confidentiality", except that Microsoft's liability arising out of or in relation to Institution Data shall in all cases be limited as provided above for the applicable Online Service; and c. a violation by either party of the other party's intellectual property rights. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER PARTY, NOR ANY OF ITS AFFILIATES OR CONTRACTORS,WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. HOWEVER,THIS EXCLUSION DOES NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF (1) ITS CONFIDENTIALITY OBLIGATIONS (EXCEPT TO THE EXTENT THAT SUCH VIOLATION RELATES TO INSTITUTION DATA), (2) THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, OR (3) OBLIGATIONS IN THE SECTION OF THE AGREEMENT TITLED "DEFENSE OF INFRINGEMENT, MISAPPROPRIATION, AND THIRD PARTY CLAIMS" OR INSTITUTION'S OBLIGATIONS IN THE SECTION OF THESE SUPPLEMENTAL TERMS TITLED "INSTITUTION'S AGREEMENT TO PROTECT." 5. Applicability of Supplemental Terms. These Supplemental Terms apply only to Institution's purchase and use of Online Services. Services(e.g., consulting or professional services) and Products other than Online Services remain subject to the terms SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 7 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-131A-4D67-B3D9-C741AC01E24F of the Agreement and/or the Enrollment, as applicable, and any terms referenced therein. In the case of any conflict between these Supplemental Terms and the terms and conditions of the Agreement and/or Enrollment that are not expressly resolved by their terms, these Supplemental Terms control. SchoolSubscription3.5Enr(NA)(ENG)(Nov2015) Page 8 of 8 Document X20-11473 DocuSign Envelope ID:C9478C3B-1 31 A-4D67-B3D9-C741 AC01 E24F 00 Microsoft Volume Licensing Amendment to Contract Documents Agreement Number 000-ryamoe-E-457 This amendment("Amendment")is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Campus and School Agreement Amendment ID CTM For purposes of this amendment, City and Customer shall have the same meaning. Fiscal Funding Out.In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Microsoft of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. As licenses acquired under this agreement are subscription licenses, should City lack funding to continue, City would be required to uninstall software as of the termination date of the agreement. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Microsoft for services actually rendered up to the effective date of termination and Microsoft shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination.Microsoft will retain Customer Data that remains stored in Online Services in a limited function accountfor 90 days after expiration or termination of Customer's subscription so that Customer may extract the data.After the 90-day retention period ends, Microsoft will disable Customer's account and delete the Customer Data and Personal Data within an additional 90 days, unless Microsoft is permitted or required by applicable law, or authorized under the Microsoft Online Services DPA, to retain such data. Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision,the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status as requested by Microsoft. AmendmentApp v4.0 CTM-CTC-AGR BD Page 1 of 2 DocuSign Envelope ID:C9478C3B-1 31 A-4D67-B3D9-C741 AC01 E24F Sovereign Immunity.Nothing herein constitutes a waiver of City's sovereign immunity.To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. Insurance Coverage. City agrees that insurance coverage provided to City by Microsoft is sufficient for purposes of the Agreement only. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination.As licenses acquired under this agreement are subscription licenses, should City lack funding to continue, City would be required to uninstall software as of the termination date of the agreement. Public Entity. As City is a public entity, Microsoft acknowledges and agrees that with respect to a disclosure by City and to the extent permitted by applicable law,the confidentiality terms of the Campus and School Agreement are subject to the public records laws applicable to City. Certification of Nondiscrimination. (In accordance with Chapter 2270 of the Texas Government Code) Microsoft certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the Microsoft's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal,terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel,when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: City of Fort Worth library CASA track.docx CTM CTM-CTC-AGR BD AmendmentApp v4.0 CTM-CTC-AGR BD Page 2 of 2