3. Term. Meter enraliment in the PEP shall remain in effect for a minimum of one (1) year from the
Effective Date (“Initial Terr”). Following the Initial Term, all Covered Meters shall remain enrolled in the
PEP on a month-to-month basis.
CALE TO PROVIDE ONGOING SERVICES, HAVE ANY CONTRACTUAL RELATIONSHIP WITH CALE’S WIRELESS
SERVICE CARRIER(S), AND CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT
BETWEEN CALE AND ITS CARRIER(S). CUSTOMER UNDERSTANDS AND AGREES THAT THE CALE’S
CARRIER(S) HAS NO LIABILITY OF ANY KIND TO CUSTOMER, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE ARISING OUT OF THIS CONTRACT.
CUSTOMER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY
more than once annually with reasonable notice to Customer. Notwithstanding the foregoing, any
increase in the third-party wireless carrier fees associated with the Ongoing Services will be passed
through to Customer.
Programs, (ili) to notify Cale promptly of any unauthorized possession, use or knowledge of the
Programs of which Customer is aware, and {iv) that any and all trademarks, trade names, copyrights and
other intellectual property rights embedded or used in connection with the Products or the Programs
are and shall remain the sole property of Cale. The provisions of this Section 4 shall inure to the benefit
of any third party owner of the Programs.
part, accessory or modular component of any Products purchased directly from Cale and
determined to be defective in material or workmanship under norma! use and service (the “General
Warranty”). Customer shall cooperate with Cale in any effort to pursue a claim with the
manufacturer of a defective part, The “General Warranty Period” for (i) each pay station shail
extend for (a) twelve (12) months following the date of installation of the pay station or (b) thirteen
8. FORCE MAJEURE. Neither party shall be liable to the other for any delay or failure to perform its
obligations under the Order to the extent such delay or failure is caused by any event beyond the
reasonable control of such party. Notwithstanding the foregoing, in no event shall the provisions of this
Section 9 apply to any of Customer's payment obligations under the Order.
CALE AMERICA INC. GENERAL TERMS AND CONDITIONS
THE CITY OF NASHUA “The Gate City”
Economie Development Division — Parking Department
Office of the Mayor
TO: Mayor Jim Donchess, City of Nashua
FROM: Tim Cummings, Economic Development Director
DATE: April 29, 2018
RE: CALE America, Inc. 3 Year Contract: Pay Station Data and PartSmart Charges
Request
2) THE CITY OF NASHUA Heenee
Financial Services
Purchasing Department
May 10, 2018
Memo #18-139
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CALE AMERICA PAY STATION CONTRACT (VALUE: $53,980)
DEPARTMENT: 166 PARKING OPERATIONS; FUND: GENERAL
Please see attached communication from Tim Cummings, Director of Economic Development dated April
29, 2018 for the information related to this purchase.
City of Nashua
PO Box 2019 229 Main Street
Nashua, NH 03061-2019
CONTRACTING LOC
Crisp Contracting LLC
7 Bartlett Ave
