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<br />CLIENT on or about the specified number of days following <br />the receipt of the executed copy of this agreement at ALR's <br />place of business, provided CLIENT shall have first <br />completed all pre.installation tasks and requirements as <br />specified by ALR through separate written instructions <br />delivered to CLIENT (either prior to or contemporaneously <br />with the execution hereoO. <br /> <br />C. CLIENT agrees to provide full cooperation in insuring that <br />these services can be completed. If CLIENT does not allow <br />these services to be performed within this time period, then <br />these services shall be deemed to be completed and all fees <br />shall be payable in accordance, with Paragraph 5 hereof. <br /> <br />D. Upon delivery of the Licensed Program and Materials to <br />CLIENT, CLIENT shall assume all risk ofloss and damage <br />to the Licensed Program and Materials. Installation of the <br />Licensed Program shall occur within ten days of date of <br />shipment. The license fee hereunder and program support <br />services fee hereunder shall be deemed earned in its <br />entirety upon ALR's completion of the program support <br />services described in Subparagraphs 3A and 3B, unless the <br />conditions of sub.paragraph 6C apply. <br /> <br />E. CLIENT shall furnish to ALR free of charge access to <br />CLIENT'S computer for the period of time reasonably <br />required by ALR for installation of the Licensed Program, <br />and CLIENT shall provide computer equipment <br />appropriately configured for the Licensed Program. <br />CLIENT shall provide the following resources for ALR's use <br />in its performance under this Agreement: <br /> <br />1. One (1) qualified CLIENT statT member assigned to <br />work with ALR's representative on the installation of <br />the Licensed Program with appropriate authority to <br />make binding decisions for CLIENT. CLIENT <br />acknowledges and understands that ALR will rely upon <br />a CLIENT statT member having the aforesaid <br />authority. CLIENT agrees to give ALR reasonable <br />advance notice as to the identity of such CLIENT statT <br />member so assigned to work with ALR; and upon <br />reasonable request by ALR, CLIENT agrees to <br />substitute another CLIENT statT member with the <br />aforesaid authority; <br /> <br />2. The availability of CLIENT'S personnel upon request <br />of ALR to answer questions and advise ALR on <br />CLIENT'S facilities, operations and requirements; <br /> <br />3. Adequate office space at the site of installation during <br /> <br />installation; and <br /> <br />4. Computer supplies during installation including, but <br /> <br />not limited to, paper, disks, diskettes, and tapes. <br /> <br />7. WARRANTY OF PERFORMANCE <br /> <br />A. ALR warrants for the period specified on the cover page <br />from the date of the completion of the services described in <br />Subparagraph 3A hereo( that the Licensed Program will <br />perform in accordance with its specifications as set forth in <br />the Licensed Materials. This performance warranty by <br />ALR shall immediately cease and become null if CLIENT <br />or any third party enhances the Licensed Program. THE <br />FOREGOING WARRANTY IS IN UEU OF ALL OTHER <br />WARRANTIES AND CONDITIONS, EXPRESS OR <br />IMPLIED, INCLUDING, BUT NOTUMITED TO, THOSE <br />CONCERNING MERCHANTABIUTY AND FITNESS <br />FOR A PARTICULAR PURPOSE. <br /> <br />B. During the period the Licensed Program is under this <br />performance warranty, ALR's sole obligation will be to <br />correct at ALR's place of business all technical errors or <br />failures in the Licensed Program so that the Licensed <br />Program will perform a,s described in the Licensed <br />Materials. CLIENT agrees to give ALR prompt written <br />notice in a form specified by ALR. And with all supporting <br />material requested by ALR of any such technical error or <br />failure. In the event ALR determines after investigation <br />that the Licensed Program is performing as described in <br />the Licensed Materials, CLIENT shall promptly reimburse <br />ALR for time expended at its then current consulting rate <br />and for other costs incurred by ALR during such <br />investigation. <br /> <br />8. PROPERTY RIGHTS. ALR warrants that ALR has the right to <br />grant a license to the Licensed Program and Materials. <br /> <br />A. In the event of a patent and/or copyright infringement <br />claim, ALR agrees to defend CLIENT against any such <br />claim pertaining to the Licensed Program and Materials. <br />and ALR will pay all resulting costs, damages and <br />attorneys' fees finally awarded. ALR's agreement to 80 <br />defend CLIENT hereunder and to pay such costa, damages <br />and attorney's fees is contingent upon CLIENT promptly <br />notifying ALR of any such claim, and ALR participating in <br />the defense and/or settlement of such claim. If any such <br />claim is made, or if ALR determines that such claim is <br />likely to occur, ALR shall give written notice of same to <br />CLIENT and CLIENT shall thereupon promptly return to <br />ALR the Ucensed Program and Ucensed Materials, and all <br />copies thereot pending a disposition or settlement of such <br />claim (which ALR agrees to diligently pursue); and <br />CLIENT'S failure to comply with the foregoing shall <br />