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