Southtowns Record

SUPPORTING DOCUMENTS 6A-6N

Government
Town of Aurora
Board
Town Board
Meeting
Oct 13, 2026
Kind
Agenda packet
Topics
Budget and taxes, Parks and recreation, Public safety, Water, sewer and drainage, Audits and oversight, Moratoriums, Zoning and land use

Original document

Same meeting

Text · page 27 of 57

Read the whole document on one page (all 57 pages, each with its own heading)

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percentage of the total charges paid by Customer (excluding one-time payments such as set-up fees
  and other Professional Service fees) for the GovPilot Hosting in the month in which the Unavailability
  occurred in accordance with the schedule below.

  Monithly Availability Percentage  Service Credit Percentage

  Less than 99.9% but equal to or greater  10%
  than 99.0%

  Less than 99.0%  20%

  GovPilot’s obligations set forth in this Section 3.18 represent Customer’s sole and exclusive remedy,
  and GovPilot’s sole and exclusive liability, for any failure of the GovPilot Hosting to be Available.

3.19.  Third Party Offerings. Customer agrees and understands that as part of the Services, GovPilot may
  offer access to products, services or content owned by and licensed from third parties (the “Third
  Party Offerings”). Customer understands and acknowledges that Third Party Offerings are not licensed
  pursuant to the provisions set forth in this Agreement. Customer shall have only such rights and/or
  licenses, if any, to use the Third Party Offerings as are set forth in the relevant terms identified, if
  applicable, within the relevant Order Form and/or within the GOVPILOT Software. GOVPILOT WILL
  HAVE NO OBLIGATION WHATSOEVER  UNDER THIS AGREEMENT TO DELIVER, SUPPORT OR MAINTAIN
  ANY  SUCH  THIRD  PARTY  OFFERINGS,  NOR  WILL  GOVPILOT  HAVE  ANY  LIABILITY  UNDER  THIS
  AGREEMENT,  REGARDLESS  OF THE  NATURE  OF THE  CLAIM  OR THE  NATURE  OF THE  CLAIMED  OR
  ALLEGED  DAMAGES,  INCLUDING,  WITHOUT  LIMITATION,  DIRECT,  INDIRECT,  INCIDENTAL,
  CONSEQUENTIAL  OR  PUNITIVE  DAMAGES,  FOR  ANY  CLAIM  ARISING  FROM  OR  RELATED  TO
  CUSTOMER’S  OR ANY  CUSTOMER’S  USE OR  DISTRIBUTION  OF THE THIRD  PARTY OFFERINGS,  AND
  GOVPILOT  DISCLAIMS  ANY  AND  ALL REPRESENTATIONS  AND  WARRANTIES,  EXPRESS,  IMPLIED  OR
  STATUTORY, WITH  RESPECT TO ANY AND ALL SUCH THIRD  PARTY OFFERINGS,  INCLUDING WITHOUT
  LIMITATION,  ANY  WARRANTIES  OF  MERCHANTABILITY,  FITNESS  FOR  A  PARTICULAR  PURPOSE,
  SYSTEM  INTEGRATION,  DATA ACCURACY,  TITLE, NON-INFRINGEMENT,  QUIET ENJOYMENT,  AND/OR
  NON-INTERFERENCE. Customer acknowledges and agrees that the foregoing disclaimers, limitations
  and exclusions of liability form an essential basis of the bargain between the parties, and that, absent
  such  disclaimers,  limitations  and  exclusions,  the  terms  of this  Agreement,  including,  without
  limitation, the economic terms, would be substantially different.

3.20.  General Prohibition Against Misrepresentation. Customer agrees to refrain from any misleading or
  deceptive conduct and/or from making false representations in relation with the GovPilot Software,
  GovPilot Hosting, the Services and/or its relationship with GovPilot, including without limitation false
  advertising, making promises, representations, or warranties on behalf of GovPilot  or claiming
  ownership of the GovPilot Software, GovPilot Hosting, or the Services.

FEES AND PAYMENTS.

4.1.  Fees. In consideration for the rights granted to Customer hereunder and the performance of
  GovPilot’s obligations hereunder, Customer shall pay to GovPilot, or GovPilot’s third party billing agent
  (as specified by GovPilot), without offset or deduction, certain fees, in such amounts as may be
  determined by reference to the applicable Addenda, Work Statement, and Order, which shall be due
  and payable on the due date of the invoice, which shall not be less than 30 days from when the invoice
  is issued by GovPilot or its third party billing agent with respect thereto.

4.2.  Customer Operating Expenses. As between the Parties, Customer shall bear all expenses incurred in
  the performance of its obligations or exercise of its rights hereunder.

4.3.  Taxes. All amounts payable hereunder shall exclude all applicable sales, use and other taxes and all
  applicable export and import fees, customs duties and similar charges. Customer will be responsible
  for payment of all such taxes (other than taxes based on GovPilot’s income), fees, duties and charges,
  and any related penalties and interest, arising from the payment of any fees hereunder, the grant of
  license rights hereunder, or the delivery of related Services. Customer will make all payments required

  GovPilot Master Services Agreement — version 1.2 — Page 9