Southtowns Record

TBA Agenda Packet 5.11.26

Government
Town of West Seneca
Board
Town Board
Meeting
May 11, 2026, 6:00 p.m.
Posted by publisher
May 9, 2026
Kind
Agenda packet
Topics
Budget and taxes, Parks and recreation, Water, sewer and drainage, Zoning and land use, Public safety, Roads and traffic, Audits and oversight, Short-term rentals, Housing

Original document

Same meeting

Text · page 65 of 280

Read the whole document on one page (all 280 pages, each with its own heading)

To the fullest extent permitted by law, Tech Savvy’s total liability arising out of or related to this proposal, the
services provided, or the systems installed—whether in contract, tort, negligence, or otherwise—shall be
limited to the total amount paid by the Client for the specific services giving rise to the claim.

In no event shall Tech Savvy be liable for any indirect, incidental, special, consequential, or punitive damages,
including but not limited to loss of use, loss of data, loss of business, loss of revenue, or downtime, even if
Tech Savvy has been advised of the possibility of such damages.

Tech Savvy shall not be responsible for failures, damages, or performance issues resulting from third-party
products, services, infrastructure, or conditions outside of Tech Savvy’s control, including but not limited to
manufacturer defects, client-supplied equipment, electrical systems, network services, internet connectivity,
environmental conditions, or acts of third parties.

The Client acknowledges that technology systems may experience interruptions, updates, compatibility
changes, or failures due to factors beyond Tech Savvy’s reasonable control, and that no system can be
guaranteed to operate without interruption or error.

Force Majeure
Tech Savvy shall not be liable for delays or failure to perform resulting from events beyond its reasonable
control, including but not limited to acts of God, severe weather, fire, flood, labor disputes, supply chain
disruptions, governmental actions, pandemics, utility outages, transportation delays, or failures of third-party
services or infrastructure.

In the event of a Force Majeure occurrence, performance timelines shall be extended for the duration of the
event and any resulting impact.

Governing Law & Venue
This proposal and any services performed hereunder shall be governed by and construed in accordance with
the laws of the State of New York, without regard to its conflict of law principles.

Venue for any legal action arising out of or related to this proposal or the services provided shall be located
in Erie County, New York.

Indemnification
The Client agrees to indemnify, defend, and hold harmless Tech Savvy, its owners, employees, and agents
from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’
fees) arising out of or related to:

  Client-provided equipment, materials, or infrastructure
  Client misuse, modification, or operation of installed systems
  Third-party services, vendors, or contractors engaged by the Client
  Client failure to comply with applicable laws, codes, or regulations

This indemnification obligation shall survive completion or termination of the project.

Terms
By approving this proposal through the FreshBooks platform, the Client acknowledges and agrees to all
pricing, terms, conditions, and provisions contained herein, including but not limited to the sections covering
scope of work, programming and licensing, deposits and invoicing, pre-requisites and site requirements,
location and timeframe, change orders, warranty and support, limitation of liability, force majeure, governing
law and venue, and indemnification.

Acceptance of this proposal may be completed electronically through the FreshBooks platform. In the
absence of electronic acceptance, payment of any invoice or deposit issued in connection with this
proposal shall constitute full acceptance of all terms and conditions contained herein.
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