Agenda - Council - 01/24/1995 - Laserfiche WebLink

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5. DOKADU$ ILESPONSl~22TIF.~ AN~D WAR_KA~'TI~ All Services ~nd products furnished to the City by Doradus shall be deemed satisfamory upon City's acc, ep ~tl~c~ thereof and such services and products shall be deemed accepted and satisfactory b~ the City unless writmn notic~ of d,cficiency or non-acc~tance is delivered by City to Doradi~s within 30 days following receipt by City of a report from Doradus pursuant to paragraph 1.1i5 or paragraph 1.2.3 of this agr~ment. Receipt of such report by the City shall be conclusivel~ presumed to have occurred on the third day subsequent to the date the r~port is mailed by Do~dus, postage prepaid and properly addressed to the City Manager of the City. No other express warranty is given and no agent, employee or representative of Doradus is authorized to bind Doradus for any other or additional warranty. in the event the City provides Doradus with timely written notice of deficiency or non- acceptance of ,the operation of a receiver/decoder, Doradus shall use its best efforts to remedy the deficiencyl, and/or the cause of City's non-acceptance of the receiver/decoder. Doradus shall be entitl~ to continue to attempt to remedy any deficiencies for so long a period of time as, in the re4sonabie judgment of Doradus, such attempt is justified. If Doradus further reasonably de~ermines that the nature of the deficiency precludes remedy by correction or modification ti)eh Doradus shall have the right to fully satisfy its wan-amy obligation hereunder by refunding to the City all sums incurred and paid for maintenance service of the unit since the most r~ent inspection or test which indicated such unit to be operating improperly. Doradus shall have a continuing duty to supply the City with the telephone and facsimile machine numbirs of Doradus and of any changes of such numbers. 6. CITY RESpONS~ .rrI~ AND WA.R.I~~ City shall have the continuing duty to designate one or more persons employed by or under the control of the ;City who. shall have the duty of acting on"' behalf of the City as a point(s) of contact with ~oradus personnel to assure the expeciitiou~ execution of the work required by this a:~me, ment.~ Purther, the City shall have the continuing duty to supply Doradus at all times with a current,( up-to-date list of such persons. Such list shall include, at a rninimum, the name, telephone number, facsimile machine number and address of each such person and the times of the day and week that each such person can be contacted by Doradus personnd for purposes set out in this a~eement. City shall make easily available to Doradus; in emergency situations, on holidays, and otherwise, any~keys, permissions, or other requirements for access to the equipment to be maintained under this agreement. City. shall at its expense provide Doradus with siren numbers and locations far all units covered by this a~ree, ment. City further warrants that it is free, as of the dam of. this a~eement, of any contractual obligations that would prevent it from entering into this a~eement, and that the offer of Domdus to provide maintenance services and/or products.in connection with this a:oTe, ement in no wa3' has caused or induced or will cause or induce City to breach any contractua/duties or obh~afions.