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Weather Services 2011/20126342 Long, Suite D Shawnee, Kansas 66216 City of Salina- A+- Weather Services Contract 913.722.3955 800.996.7668 This is to confirm that the City of Salina retains Weather or Not, Inca® ("Weather or Not") from November 1, 2011 through April 30, 2012 to provide weather forecasting services. Forecasts shall be sent daily by 7:30 AM and 3:00 PM with all appropriate updates being made, as information becomes available. The City of Salina may call for updates whenever they choose 24 hours a day, 7 days a week. Weather or Not may record telephone calls between weather forecasters and the City of Salina. The City of Salina understands that these recordings may occur for the purpose of Weather or Not customer service training (without further notices) and consents to these recordings. The City of Salina will take advantage of the Premiere Plus consulting package at a rate of $600.00/month, or $3,600.00 for the entire season. This includes our ON-SITE Wather©, which allows for up to 10 mobile devices. A 10% ($540.00/month) discount shall be offe ed to the City of Salina should they choose to make contractual payment in full on a Net 20 basis bringing the total fee for all services to $3,240.00. The City of Salina may extend services all year round anytime during this agreement at the monthly rate previously stated. The City of Salina agrees that the information provided by Weather or Not as a part of the services shall not be rebroadcast, redistributed, republished or otherwise reproduced, in whole or in part, without the express written consent of Weather or Not. The City of Salina acknowledges that forecasting the weather is not an exact science and that Weather or Not has no control over the City of Salina's actions in response to forecasts and information delivered by Weather or Not. Weather or Not shall not be responsible for the acts or omissions of the City of Salina taken in reliance upon the advice provided by Weather or Not, hereunder. The City of Salina hereby releases Weather or Not its representatives, officers, directors, and shareholders from all loss, cost, damage, liability and expense including actual, consequential, and incidental damages suffered by the City of Salina or any of its agents, contractors or employees or other third parties as a result of weather conditions, whether or not forecasted by Weather or Not or as a result of any other services provided by Weather or Not. The City of Salina hereby agrees that this agreement shall not be assigned or otherwise transferred in whole or in part without the express written consent of Weather or Not. This agreement shall be binding when signed by both parties. Z2%RA- Sara Croke Michaelr se Weather or Not City of S ina t o g V11 /oda s�/ir Date Date