Government & Public-Entity Addendum

This Government & Public-Entity Addendum (the "Addendum") applies when the customer is a government or public entity — for example, a municipal fire department, fire district, municipal authority, or other unit of state or local government (a "Public Entity"). It modifies our Terms of Service for that customer. Where this Addendum conflicts with the Terms, this Addendum controls for a Public Entity. All other Terms remain in effect.

1. Governmental immunity preserved

Nothing in the Terms or this Addendum waives, limits, or affects any governmental immunity, defense, or limitation of liability available to the Public Entity under applicable law, including the Pennsylvania Political Subdivision Tort Claims Act (42 Pa.C.S. §§ 8541–8542) and comparable laws. The Public Entity retains all such protections.

2. Indemnification

To the extent a Public Entity is prohibited by law from providing indemnification, the customer-indemnification provisions of the Terms do not apply to the Public Entity. Instead, each party is responsible for the acts and omissions of itself and its own personnel, to the extent permitted by applicable law. This Addendum does not require the Public Entity to indemnify us beyond what the law allows.

3. Governing law and venue

For a Public Entity, and notwithstanding the venue provision in the Terms, the parties agree that the governing law and the exclusive venue for any dispute may be, at the Public Entity's election where required by law, the state and federal courts located in the county in which the Public Entity is situated, or otherwise within the Commonwealth of Pennsylvania. We do not require a Public Entity to litigate outside its home county where the law provides otherwise.

4. Non-appropriation

The Public Entity's payment obligations are subject to the lawful appropriation of funds for the applicable fiscal period. If funds are not appropriated for a renewal term, the Public Entity may terminate the affected order effective at the end of the then-current fiscal period on written notice, without penalty other than payment for Services already provided. Any automatic-renewal provision in the Terms is modified accordingly for a Public Entity.

5. Public records (Right-to-Know Law)

We understand that a Public Entity may be subject to the Pennsylvania Right-to-Know Law (65 P.S. §§ 67.101 et seq.) and similar public-records laws, and that Customer Data stored in the Service may constitute public records of the Public Entity. We will reasonably cooperate with the Public Entity's obligations under those laws. We do not promise confidentiality of any records that are public under applicable law. If we believe our own confidential or trade-secret information may be responsive to a records request, we will identify it so the Public Entity can apply any available exemption; the Public Entity remains responsible for responding to requests directed to it.

6. How to enable this Addendum

A Public Entity that wishes to contract under this Addendum should contact us so we can reference it in your order. This Addendum is a starting point and may be tailored to your jurisdiction's requirements and your solicitor's review.

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