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1996-049-RES WHEREAS, COP IS DESIROUS OF LEASING SOFTWARE FOR USE ON THE AS400 SYSTEM
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1996-049-RES WHEREAS, COP IS DESIROUS OF LEASING SOFTWARE FOR USE ON THE AS400 SYSTEM
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Last modified
8/18/2006 4:31:44 PM
Creation date
4/6/2005 4:20:11 AM
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CITY CLERK
Doc Name
1996
Doc Type
Resolution
CITY CLERK - Date
6/10/1996
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<br />(1) Designing, programming and supporting Licensed Custom Software; <br /> <br />(2) Maintaining modified Licensed Software and/or Licensed Custom <br />Software; <br /> <br />(3) File conversion assistance; and <br /> <br />(4) Installation of Licensed Software updates. <br /> <br />6. LIMITED WARRANTIES <br /> <br />(a) Warrantv. STW warrants that Licensed Products and Updates will conform to STW <br />published product manuals in effect on the date of delivery and perform substantially as <br />described in the accompanying Licensed Documentation after delivery for 90 calendar days. <br />STW does not warrant that the Licensed Products will satisfy or may be customized to satisfy <br />all of CUSTOMER's requirements. <br /> <br />(b) Remedies. In case of breach of warranty or any other duty related to the quality of <br />the Licensed Products, STW or its representative will correct or replace any defective Licensed <br />Product or, if not practicable, STW will accept the return of the defective Licensed Product and <br />refund to CUSTOMER the amount actually paid to STW for the defective Licensed Product, less <br />depreciation based on a five-year straight-line depreciation schedule, and a pro-rata share of any <br />maintenance fees that CUSTOMER actually paid to STW for the period that such Licensed <br />Product was not usable. CUSTOMER acknowledges that this Paragraph sets forth <br />CUSTOMER's exclusive remedy, and STW's exclusive liability, for any breach of warranty or <br />other duty related to the quality of the Licensed Products. <br /> <br />(c) Disclaimer. Except as expressly provided in this Contract, all warranties, conditions, <br />representations, indemnities and guarantees with respect to the Licensed Products whether <br />expressed or imputed, arising by law, custom, prior oral or written statements by STW or its <br />licensors or representatives or otherwise, including, but not limited to, any warranty or <br />merchantability of fitness for particular purpose, are hereby overridden, and excluded and <br />disclaimed. <br /> <br />(d) The foregoing warranties do not apply if the Licensed Products have been modified <br />by any party other than STW or its authorized licensors or representatives. <br /> <br />7. INDEMNITY <br /> <br />(a) STW agrees to indemnify, save, keep and hold harmless CUSTOMER, its past, <br />present and future officers, elected officials, employees, agents, insurers and attorneys from and <br />against any and all claims, suits, actions, causes of action, demands, damages, costs, expenses, <br />attorney's fees and other compensation for damages resulting from any alleged infringement of <br /> <br />5 <br />
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