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HomeMy WebLinkAbout302917 09/12/16 ♦r° Mt ,;/ �� CITY OF CARMEL, INDIANA VENDOR: 127102 CHECK AMOUNT: $"""""942.00' j, ® ONE CIVIC SQUARE HEWLETT PACKARD INC x, aq CARMEL, INDIANA 46032 13207 COLLECTIONS CENTER DRIVE CHECK NUMBER: 302917 b�, CHICAGO IL 60693-3207 CHECK DATE: 09/12/16 �TpN� DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 57566094 471.00 OTHER EXPENSES 651 5023990 57566094 471.00 OTHER EXPENSES VOUCHER # 166090 WARRANT # ALLOWED 127102 IN SUM OF $ Hewlett Packard 13207 Collections Center Dr. Chicao, II 60693 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 40011838001 01-7200-07 471.00 (�•�.�",,,..�VV�,6.-,,._ate--� Voucher Total 471.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 127102 Hewlett Packard Purchase Order No. 13207 Collections Center Dr. Terms Chicao, II 60693 Due Date 9/6/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/6/2016 4001183800' 471.00 hereby certify that the attached invoice(s), or bill(s) is (are)true and :orrect and I have audited same in accordance with IC 5-11-10-1.6 Date Officer VOUCHER # 162609 WARRANT# ALLOWED 127102 IN SUM OF $ Hewlett-Packard C fA- n��n� i 3267 C�(��PGfiovg Chicago, IL 606 1O1` 4' 93 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 40011838 01-6200-07 471.00 J Voucher Total 471.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 127102 Hewlett-Packard Purchase Order No. P.O. Box 92103 Terms Chicago, IL 60675-2013 Due Date 9/6/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/6/2016 40011838 471.00 hereby certify that the attached invoice(s), or bill(s) is (are)true and ,orrect and I have audited same in accordance with IC 5-11-10-1.6 Date Officer Invoice# Invoice Reference Invoice Date Remit Payment to: HP INC. 57566094 40011838 -001 8/22/16 13207 Collections Center Drive Chicago,IL 60693-3207 Ship Date Due Date Total Amount(USD) D-U-N-S: 00-912-2532 8/22/16 9/21/16 942.00 FED ID#: 94-1081436 0 Purchase Order# Customer Number Contract Name Contract Number W10012 P05422 IN-STATE OF INDIANA 13079 CR/DR Authorization# Payment Terms Sales Order# Order Date Carrier Freight Terms Page L_ I NET 30 DAYS GOV 40011838 8/22/16 RPS OB Destination 1 of 1 t t Bill to: 2.1.235 1 MB 0.416 72521S11.ps 1 of 1 G HIV )))i))I(IIIDII1)il1li�ill��i)nlll�lll(�i��)�I��(ilnli�i�i11n1 Ship to: CITY OF CARMEL CARMEL UTILITIES 1 CIVIC SQUARE W10012 CARMEL IN 46032-7569 30 W MAIN ST 2ND FLOOR CARMEL IN 46032 NA Line Order Backorder Shipped Product# Product Description Unit Extended Number Quantity Quantity Quantity Price(USD) Price(USD) HP INC.FORMERLY HEWLETT-PACKARD COMPANY 001 6 6 M1 N99AA#ABA HP EliteDisplay E240 Monitor US 157.00 942.00 SER#:CNK6260LLB CNK6260LLJ SER#:CNK62603P4 CNK6260LLQ SER#:CNK6260LM2 CNK6260LM6 rack#:3460323701561772159134 3460323701 61772159145 rack#:3460323701561772159156 3460323701 61772159167 rack#:3460323701561772159178 3460323701 61772159189 INQUIRIES TO: CONTA T YOUR CUSTOMER CARE REPRESENTATIVE TOTAL USJ 942. TERMS: Payment terms are NET 30. The sale and delivery of the product and/or service listed on this invoice are subject to Hewlett-Packard Company's standard sales terms and conditions in effect at the time the product or service is ordered. Any variance from those terms and conditions will be effective only if agreed to in writing by Hewlett-Packard prior to the time the product or service is ordered. PRICES: All orders will be billed at prices in effect at the time of the shipment. RETURNS& Exchange or returns must be requested within 30 days of receipt of your shipment. All returns require prior approval and a return authorization number IRMA) REFUNDS authorized returns or returns REFUNDS without a RMA number may be refused. Opened software and any purchases subject to abuse are not eligible for return. Freight charges are non-refundable. After receipt and inspection of returned merchandise,credit will be issued. CLAIMS: Claims for shortages,damages and invoice discrepancies must be made within 30 days of receipt. In case of shipping damage,please keep all packaging materials and damaged merchandise in the original outside shipping carton.We will file a claim with the carrier and replace the item at no cost to you.For any question please reach out to your customer care representative. HIVGinv HP encourages customers to recycle used electronic hardware,HP original print cartridges,and rechargeable batteries.For more Information about recycling programs,go to www.hp.com/recycle. HP CUSTOMER TERMS•PORTFOLIO 1.Parties.These terms represent the agreement"Agreement)that governs the purchase of products and services from the Hewlett-Packard Company 33.Global Trade compliance.Products and services provided under Case terms are for Customer's internal use and not for further commerclalleation. entity Identified In the signature vection below("HP")by the Customer entity identified below("Customer'). If Customer exports,Imports or otherwise(handers products and/or deliverables provided under these forms,Customer will be responsible far 2.Orders."Order"means the.,,voted.,iter Including any supporting malarial which the Denies identity as Incorporated either by attachment or complying with applicable laws and regulations and for obtaining any required export or Import oulharizations.HP may suspend Its pertormenee under reference('Supportng Mutual').Supporting Material may include(as examples)product[Isis,hardware or software specifications,standard or this Agreement to the anent required bylaws applicable to either party. negotiated servme descriptions,data sheets and their supplements,and statements at work(SOWs),published warranties and servico level 34.LImAttinn of Llabllily.NP's liability to Customer under this Agreement is limited to the greater of$1,000,030 or the amount payable by Customer agreements,and may be available to Customer In hard copy or by accessing a designated HP website. to HP for the relonal Order. Neither Calsmer nor HP will be liable for lost revenges or profits,downtime cask,loss or damage to data or Indirect, 3.Scope and Order Placement.These terms may be used by Customer either for a single Order or as a framework for multiple Orders.In addition, special or consequential casts or damages.This provision does not limit either parry's liability far.unauthorized use of Intellectual property,death or. these terms may be used on a global basis by the parties'ABllktes',meaning any entity controlled by,controlling,or under common control with a bodily Injury caused by their negligence;acts of[mud;wilful repudiation of the Agreement nor any liability which may not be excludetl or limited by parry.The parties can confirm their agreement to these terms either by signature when indicated at the end or by referencing these terms on Orders. applicable law. Affiliates participate under Nese terms by placing orders which specify product or service delivery in the same country as the HP Affiliate accepting 35.0hpohn.It Customer is dissatisfied with any products or services purchased under Nese terms and disagrees with HP's prepared resolution,we the Order,referencing these terms,and specifying any additional terms or amendments to reflect local law or business practices. both agree to promptly esca[ale the haus to a Vice President(or equivalent executive)in our respective organizations for an amicable resolution 4.Order Arrangements. Customer may place orders with HP through our website,customer-specific panel,or by letter,fax or e-mail.Where without prejudice to the right to later seek a legal remedy. appropriate,Orden must specify a delivery date.If Customer extends the delivery,dale of an exisUng Order beyond pinery(90)days,Men it will be 35.Force Maine..Neither parry will be liable for performance delays nor for non-performance due to Causes beyond Its reasonable control,except considered a new order.Customer may cancel a hardware Order at no charge up to five(5)business days prior to shipment date. for payment obligations. 5.Prices and Texas.Prices will be as quoted In writing by HP or,in the absance of a written quote,as set out on our website,customer-specifle portal, 37.1erminaton.Either party may terminale this Agreement on written notice it the other falls to meet any material obligation and falls to remedy the or HP published list price at the time an order is submitted to HP.Prices ars exclusive of taxes,duties,and fees(including Installation,shipping,and breach within a reasonable period atter being unfilled in writing of the details.If either party becomes Insolvent,unable to pay debts when due,[ties handling)unless otherwise quoted. If a withholding tax Is required by law,please contact the HP order representative to discuss appropriate for or is subject to bankruptcy or receivership or asset assignment,the other party may terminate this Agreement and cancel any Unfulfilled obligations. procedures.HP will charge separately for reasonable out-of-packet expenses,such as travel expenses incurred in providing professional services. Any to..in the Agreement which by their nature extend beyond termination Or expiration of the Agreement will remain in effect until fulfilled and will 8.bare as and Payment. Customer agrees to pay all Invoiced amounts within thirty(30)days of XP's Invoice dale.HP may suspend or cancel apply to both parties'respective successors and permitted assigns. performance of open Orders or services it Customer fails to make payments when due. 3B.Geoanl. This Agreement represents our entire undmetandlnA with respectt0 its subject mater and supersedes any previous communication or 7.Title.Risk of loss or damage and fille for hardware products will Iran upon delivery to Customer or Its designee.Where permitted by law,HP agreements that may exist.Modlficalions to the Agreement will be made only through a written amendment signed by both purges.The Agreement retains a security Interest in products sold until lull payment is received. will be factored by the laws of the soon"of HP or the HP Affiliate accepting Me Order and the courts of that locale will have jurisdiction,however, HP or Its Affiliate may,bring suit for payment In the country where the Customer Affiliate that placed the Order is located.Customer antl HP agree that B.Delivery.HP will use all commercially reasonable efforts to deliver products In a timely manner.HP may elect to deliver software and related the United Nations Convention an Contacts for the International Sale of Can de will not apply.Claims arising or raised in the United States will be moductManse information by electronic transmission or via download. granted by the laws of the state of California,excluding rules as to choice and conflict o1 taw. 9.msmllatlon. If HP Is providing Installation with the product purchase,HP's site guidelines(available upon request)will describe Customer requirements.HP will conduct Its standard installation and test procedures to confirm completion. SUPPLEMENTAL DATA SHEET 10.Support Services.HP's support services will be described in the applicable Supporting Material,which will cover the description of HPE offering, This Supplemental Data Sheet province additional general requirements and limitations that apply to Hp's suppadofferings,which am set forth In detail eligibility requirements,Service limitations and Customer responsibilities,as well as the Customer systems supports d. In oMedngspe title dalasheels with the exception of those support offerings delivered by HP Software. 11.EllglbIIIty.HP's survive,stop ad and warranty commitments do not cover claims resulting[rem: 1.SERVICE ELIGIBGITY 1.Improper use,site preparation,or site or emlmnmental conditions or other non-compliance with applicable Supporting Material; •Hardware Support-General Eligibility.Hardware products most he In good operating condition,as reasonably determined by HP,to be eligible 2.modifications or improper system maintenance or calibration not performed by HP or authorized by HP; for placement under support.You mom also maintain eligible products at the latest HPspectfled cordiguaUon and revision levels. 3.failure or functional limitations of any non-HP saftwere or product impacting systems receiving HP support or service; •Rmuro m SupDod.If you allow support to lapse,HP may charge you additional fees to resume support or require you to perform certain hardware 4.malware(e.g.rime,worm,etc.)not introduced by HP;or or software upgrades. 5.abuse,negligence,accident,[ire or water damage,electrical disturbances,Incorporation by Customer,or other causes •the of Proprietary Smviee Tools.HP may require you to use certain hardware and/or software system and network diagnostic and malnlenance beyond Hp's central. programs("Proprietary Service Tools'),as wall as certain diagnostic tools that may he Included as pan of the your system.Proprietary Service 12.Professional SeMces.HP will deliver any ordered IT eonsvlfing,training or other services as described in the applicable Supporting Material. Tools am and remain the sale and exclusive property of HP,and are provided"as Is.'Proprietary Semite Tools may reside on your systems or sites.You may only use the Proprietary Service Tools during the applicable Support coverage period and only as allowed by HP and you may not 13.Pamalonal Services Acceptance.The acceptance precea(if any)will be described In the applicable Supporting Material,will apply only to the sell,transfer,assign,pledge,or In any way encumber or convey the Proprietary Service Tools.Upon lamination of Support,you will return Na deliverables specified,and shall not apply to other products or services to be prevlded by HP. Proprietary Service Tools or allow HP to remove mese Pmprieary Service Tools.You will also be required to: 14.Dependencies.HPE ability to deliver services will depend on Customer's reasonable and timely cooperation and the actuary and completeness a Allows HP to keep the Proprietary Service Tools resident on your systems or sites,and assist HP In running them; of any Information Imm Customer needed to deliver the services. 0 Install Proprietary Service Tools,including installation at any required updates and patches; 15.Change Orden.We acts afore to appoint s project representative m serve as the principal point of contact in managing the delivery of services o Use the electranld data lanafer capability to Inform HP of eve eta identified by The soflwaa; and th dealing with issues that may doe.Requests to change me scop of services or doliverables will require a chane order signed b both parties. a If required,purchase HPspecirletl remote connection hardware for line.ms with remote diagnosis service;and fwi ya q A De9 A Y P o pravthe remote connectivity thmuph an approved communications line. 15.Product Performance.All HP-banded hardware products are covered by HP's limited warranty statements that ea provided with the products or 2.SUPPORT LIMITATIONS otherwise made.callable.Hardware waranlles begin on the date of delivery or 11 applicable,upon completion of HP Installation,or(whom Customer •Lost AYalahiltty of Support. Some offerings,features,and coverage(and related products)may n0iheaailabm lnellcounlrla Orareas.ln delays HP Installation)at the latest 30 days from the date of delivery.Non-HP banded products receive warranty avenge as provided by the relevant addition.delivery of support outside of the applicable HP coverage areas may be subject to Havel charges,longer response times,reduced third pally supplier. restoration or repair commitments,and reduced coverage hours. 17.Software Performance.HP wxranis[hat its branded software products will conform materially to their specifications and be free of malware at •Version Support.Unless otherwise agreed by HP In writing,and for Nose offerings not delivered by HP SOHwam,HP only provides support for the time of delivery.HP warranties for software products will begin on the date of delivery and unless otherwise specified In Supporting Material,will the current version and the Immediately preceding version of HP banded software,and provided that HP banded software is used with hardware last for ninety(9 A)days.HP does not warrant that the operation of saf this products will Its uninterrupted Or empires or that cotiware preduals will or software Included In HP-speciRed configurations at the specified version level."Version'means a release of software that contains new operate In hardware and software combinations other than as authorized by HP In Supporting Material, features,enhancements,and/or maintenance updates,or for certain software,a collection of revisions packaged into a single entity and,as such, 18.SeMcas Peritoneums.Services are performed using generally recogntred commercial pactas and standards.Customer agrees to Provide made available to our customers. prempl notice of any such service conatus and HP will re-perform arty service that falls to meet this standard. •Relocation and Impact on Support.Relocation of any products under support Is Your responsibility and Is subject to local availability and fee 19.Servlcas with Delhyerables. 11 Supporting Material for services define specific deliverables,HP warrants those tleliveables will canlorm changes.Reasonable advance notice to HP maybe required to begin support eller rotation.For products,any relocation is also subject to the materially to their written specifications for 30 days following delivery.If Customer notifies HP of such a non-conformity during Na 30 day period.HP license terms for such products. will promptly remedy me Impacted deliveables or refund to Customer the fees pall for masa tlellveables and Customer will return those tleliveabies 'MaM-vannor Support.HP provides support for certain non-HP banded products.The relevant data sheet will specify availability and coverage m HP. levels and me support will be provided accordingly,whether or not the non-HP banded products am under warranty.HP may discontinue support of non HP banded products it the manufacturer or licensor ceases to provide support for them. 20.Porducl Warrentymaims.When we receive a valid warranty claim for an HP hardware or software product.HP will either repair the relevaul defect •ModNlallans.You will allow HP.at HPE request,and at no additional charge,to modify products to Improve operation,supportability,and m raplacelhepmunt.If HP is unable to..plate the repair or replace the product within a reasonable time.Customer will he entitled to a lull refund reliability,or to meet legal requirements. upon the prompt return of the preducl to HP(if hardware)or upon written confirmation by Customer that the relevant software product has been 3.CUSTOMER RESPONSWIL90 destroyed or permanently disabled.HP will pay for shipment of mpaimd or replaced products to Customer and Customer will be responsible for return .Sits and Product Access.You will provide HP access to the products covered under support;and II applicable,adequate working space and shipment of the product to HP. Iacl111las within a reasonable distance of the predutls;access to and use of Inlomation,customer resources,and facilities as reasonably 21.Remedies.This Agreement stales all mmedies for warranty claims.To the extent permitted by law,HP disclaims all other warrentles. determined necessary by HP to service the products;and other access requiraments described In the relevant data sheet.Iffar fail to provide 22.1doffetinl PropertyRights.Na transfer of owned lIr of mry Intellectual property will occur under this Agreement.Custsmergrants NP a Gars such access,resulting In NP's inability to provide support.HP shall he entitled to charge you for the support call at Hp's published service rates. exclusive,worldwide,royalty-free right and license to any Intellectual property that is necessary for HP and Its designees to perform the ordered You are responsible for removing any products Ineligible for support,as advised by HP,to allow HP to perform support.If delivery of Support is services.If deliverables am created by HP specifically for Customer and Identified as such In Suppariing Material,HP hereby gams Customer a made more difficult because of Ineligible products,HP will charge you for the extra work at NP's published service rates. worldwide,non-exclusive,fully paid,royalty-free license to reproduce and use copies of the dellvemblas Internally. •Licenses.You may purchase available predict support for HP banded products only It you can pmvide evidence thalyou have rightfully acquired 23.intellectual Property Rights Intmgemem.HP will defend and/or settle any claims against Customer that allege that an HP-banded preduct or an appropriate HP license for the products,and you may not alter a,modify the products unless authorized by HP at any time. service as supplied under this Agreement Infringes the intellectual property rights of a third party.HP will rely on Customer's prompt natificuuon of 'Suess Support DO,Um.=]..and Right to Copy.You may only copy documentation updates 11 you punbased the right to copy mem forme the claim and coopetition with our defense.HP may modify the product or service so as to be non-infringing and materially equivalent,or we may associated products.Copies must Include appropriate HP trademark and copyright nofices. pmcere a Iltense.If than options are nal available,we will refund to Customer the amount paid for the affected product In the lint year ar the •Loaner Unite.HP maintains title and You shall have risk of los or damage for loaner units if provided at RP's discretion as part of hardware depreciated value Marauder or,far support Services,The balance of mry pre-pxld amount or,for preieathnal services,the amount paid.HP Is not support or warranty servlces and such units will be returned to HP without lien or encumbrance at the end of the loaner period. Hardware Support CompaUble Cables end Coreaclms.You will connect hardware products covered under support with cables and eoneetter3 responsible for claims resulting lam any unauthorized use of the products Or services.This section shall also apply ladeli veables MenIIIlOtlassuch ' In the relevant Support Malarial except that HP is not respcnethle for claims resulting from deliverables content or design provided by Coal Data(Including p. optics stract your lost or a tonfiles,patIble with the system,rams,you muing to the mina separate backupoperethg stem omanual. •Dela Backup.7o reconstrect your tort or altered Isles,data,or programs,you most maintain a sepatite bacahp system or procedure that Is not 24.License Grant.HP grans Customer a non-exclusive Iltense to use the verslon or release of the HP-branded software listed In the Order.Pmmiffed dep endent on the pmdutts under support. use Is for Internal purposes only(and not for further commercialization),and Is subject to any specific software licensing information that Is In the •Temporary W.Area its.You will Implement temporary procedures or workamunds provided by HP while HP works on a permanent solution. software product or Its Supporting Material.For non-HP handed software,the third party's license terms will govern Its use. •IlazMdous EmylorOment.You will notify HP if you use products In an eovimnmenl that poses a potential health or safety hazard to HP employees 25.Updates.Customer may unit,new nfiware versions,mleases or maintenance updates('Updmoa'),It available,separately or through an HP orcubcontractons.HP may require you to maintain such products under HP supervision and may postpone service until You remedy such hazards. software support agreement.Additional licenses or lees may apply for Nese Updates or for the use of the software In an upgraded environment. •Authorized Representative.You will have a representative present when HP pmvides support at your site. Updates are subject to the license terms In effect at the time that HP makes Nem available to Customer. •Product LIsL You will create,maintain and update a list of all products under support Including:the location of the products,serlal numbers,the HP designated system Identfflers,and coverage levels. 26.Mauve Restiirtons.HP may monitor useplance restrictions remotely and,If HP makes a license management program available,Customer .Solution Cerner Designed Cogen.You will Identify a reasonable number of callers,as determined by HP and Customer("Designated Callers'), agrees to install and use it within a reasonable period olUme.Customer may make a copy or adaptation of a licensed software product..wt,archival who may access HP's customer Support call Centers('Solution Centers")Or online help tools. purposes or when it is an essential step In the authorized use of the software.Customer may use this archival copy without paying an additional license .Splugm Came,Calle,OuaUOmtins. Designated Callers must be generally knowledgeable and demonstrate technical aptitude In system only when the primary system Is Inoperable.Customer may net copy licensed software onto or Otherwise use or make it available on any public administration,system management,and,It applicable,network adminis"Uan and management and diagnostic testing.NP may review and external distributed network.Licenses that allow use over Customers Intone•require restricted aecea by authorized uses only.Customer will also discuss with you an Designated Caller's experience to daiermine Initial eligibility.If issues arise during Il to the Solution Center that,In not motlity,reverse engineer,disassemble decrypt,decomplle or make derivative works of any software licensed to Customer under this Agreement V Y A xP A ty. p a ea unless pennifted by statute,In which ease Customer will provide HP with reasonably detailed Information about those activities. NP's reasonable opinion,may to a result of a Designated Caller's lack Id general experienceiddand utraining,when you maybe required l replan that OesiAnaled Caller.All Designated Callers must have the proper system Memlfiar as porvldetl to You when Support is initiated.Solution Centers 27.Lhamn Term and Teortlnalth i.Unless otherwise specified,any license granted Is perpetual,provided however that if Customer falls to comply may Provide support in English or local languages,or both. with the Terms of this Agreement.HP may terminale the license upon written notice.Immediately upon termination,or in the toss of a Ilmlfed-term 4.GENERAL PROVISIONS license,upon expiration,Customer will either destroy all copies of the software or return them 10 HP,except that Customer may retain one copy for .IanceHalan.You may cancel support orders or delete products Ina supped upon thirty(30)days'wrlften police,union oNarwise apreatl In archival purposes only. writing.HP may discontinue support for products and specific support services no longer Included In HP's support altering upon sixty(60)days' 28.1lcense Transfer.Customer may not sublicense,assign,transfer,real or lease the comment or saftna license except as permitted by HP.HP written notice,unless otherwise agreed In wiling.If you cancel prepaid support,HP will refund you a pal amount for the unused prepaid handed software licenses are generally transferable subject to Hp's prior written authorization and payment In HP of any applicable lees.Upon such support subject to any restrictions or early terminaton lees as may b e set forth In writing. transfer,Customer's rights shall terminate and Customer shall transfer all copies of the software to the tonsferea.Transferee most agree In writing •Pricing.Except for prepaid support or If otherwise agreed lnwdling,HP may change support prices upon sixty(60)days'written notice. to be bound by the applicable safiware license terms.Customer may transfer firmware only upon transfer of associated hardware. •Addhimal Services.Additional services pedOrrned by HP at your request,and that are not Included In Your purchased support,will be chargeable 29.License Compliance.HP may audit Customer compliance with the software license terms.Upon reasonable notice.HP may conduct an audit during at the applicable published service rates for the country where the service is performed. name[business hours(with the auditor's costs being at HP's expense).If an audit ovals underpayments then Customer will pay to HP such •Replacement Peds.Pads provided under hardware support may be whole unit replacements,or be new or functionally equivalent to new In underpayments.It underpayments discovered exceed five(5)percent of the contact price,Cuslomer will reimburse HP for the auditor costs. performance and reliability and warranted as new.Replaced Darts become the property of HP,unless HP agrees otherwise and you pay am/ 30.Contlde,NaHty. Information exchanged under this Agreement will be treated as confidential U Identified as such at disclosure or U the applicable charges. cimumstances of disclosure would reasonably Indicate such treatment. Confidential Information may only be used for the purpose of fulfilling This Supplemental Data Sheet provides additional general requirements and limitations that apply to HP's support offerings,which am set IoM In detail eblifalmns m exercising rights under this Agreement,and shared with employees,agents or cmdractom with a need to know such Information to in offeriag'speclflc deterrents with the exception of those support offerings delivered by HP Software. supped that purpose.CordidenUal Information will be protected using a reasonable degree of car01.prevent....thmind use or disclosure for 3 Venn cram the data of receipt at(11 longer)for such period as the Information remains confidential.These obligations do not cover inlomatia that 1)was known or besomes known to the receiving party without obligation of confidentiality;Ip Is Independently developed by the receiving parry;or lip where disclosure is required by law or a governmental agency. 31.Personal Information.Each party shall comply with their reaps efiwe obligations under applicable data protection legislation.HP does not Intend to have access to l arsanally Identifiable Intonation(•PU')of Customer In providing services.To the extent HP has access to Customer PII stored an a system Or device of Customer,such access will likely be Incidental and Customer will remain the data COntmlkr of CUStomer Pit staff limes.HP will use any Pit to which It has access strictly for purposes of delivering the services ordered. 32.US Fodoml Government Use.If voffware is licensed to Customer for use In the performance Of a US Government prima contact or subcontract, Customer agrees that consistent with FAR 12.211 and 12.212,commercial computer software,documentation and technical data for commercial Items are licensed under HP's standard cemmercla111cense.