Agenda - Council - 11/28/1995 - Laserfiche WebLink

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All Services and products furnished to the City by Doradus shall be deemed satisfactory upon City's acceptance thereof :and such services and products shall be deemed accepted and satisfactory by the City unless written notice of deficiency or non-acceptance is delivered by City to Doradus within 30 days following receipt by City of a report from Doradus pursuant to paragraph 1.1.5 or paragraph 1.2.4 of this agreement. Receipt of such report by the City shall be conclusively presumed to have occurred on the third day subsequent to the date the report is mailed by Doradus, 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 deficiency and/or the cause of City's non-acceptance of the receiver/decoder. Doradus shall be entitled to continue to attempt to remedy any deficiencies for so long a period of time as, in the reasonable judgment of Doradus, such attempt is justified. If Doradus further reasonably determines that the nature of the deficiency precludes remedy by correction or modification then Doradus shall have the right to fully satisfy its warranty obligation hereunder by refunding to the City all sums incurred and paid for maintenance service of the unit since the most recent 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 numbers of Doradus and of any changes of such numbers. 6. CITY RBSPONSIRILI//F~ AND WARRANTI~ 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 Doradus personnel to assure the expeditious execution of the work required by this agreement. Further, 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 minimum, 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 personnel for purposes set out in this agreement. 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 for all units covered by this agreement. City further warrants that it is free, as of the date of this agreement, of any contractual obligations that would prevent it from entering into this agreement, and that the offer of Doradus to provide maintenance services and/or products in connection with this agreement in no way has caused or induced or will cause or induce the City to breach any contractual duties or obligations. 7. INDF_MNITY AND HOLD HARMLF_.SS I I I I I i I I I I I I I I I I I