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Res 2009-155
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Res 2009-155
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Last modified
8/25/2011 10:07:11 AM
Creation date
11/10/2009 2:11:05 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-155
Date
11/2/2009
Volume Book
183
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Quick Start Implementation Agreement Re: Agreement Addendum #091001 Page 5 of 10 <br />pre-paid technical support for the duration of the Professional Services; and <br />7.7.2 such other services or items as are required to be provided by the CUSTOMER in the <br />Implementation Planning Report Document. <br />8. PROVISIONS RE: DELIVERABLES: <br />8.1 Acceptance of Deliverables: Each Deliverable shall be subject to acceptance review by <br />CUSTOMER to verify that the Deliverable satisfies the Acceptance Criteria as developed jointly <br />by HIGH LINE and CUSTOMER and outlined in the Implementation Planning Report Document <br />and this Agreement. <br />8.2 Acceptance review for any Deliverable, as defined in the Implementation Planning Report <br />Document, shall commence and be completed within five business days (or such longer period set <br />out in the Implementation Planning Report Document) following the date on which HIGH LINE <br />notifies CUSTOMER in writing that the Deliverable has been satisfactorily completed and is <br />ready for acceptance review by CUSTOMER; provided that the commencement of the said five <br />business days may be extended by CUSTOMER for a period of up to two weeks if the relevant <br />CUSTOMER employee is on holidays, vacation or sick leave for the period of CUSTOMER's <br />extension, provided that no extension beyond two weeks is permitted without HIGH LINE's prior <br />approval. <br />8.3 If, in CUSTOMER's opinion acting reasonably, any Deliverable does not conform to the <br />Acceptance Criteria, CUSTOMER shall give HIGH LINE five (5) business days written notice <br />thereof. If CUSTOMER fails to give such notice within the said five business days (or such other <br />period specified in the Implementation Planning Report Document) the Deliverable shall be <br />deemed to have met the Acceptance Criteria. If CUSTOMER provides a notice of dissatisfaction <br />with respect to any Deliverable, the parties shall work together to identify and correct any <br />deficiencies. If, after reasonable effort by both parties, CUSTOMER (acting reasonably) is still <br />unable to agree that a Deliverable proposed by HIGH LINE has met Acceptance Criteria, HIGH <br />LINE may suspend delivery of the Services until the dispute has been settled. <br />8.4 HIGH LINE Representations and Warranties Re: Professional Services: Subject to Article 8.5 <br />below, HIGH LINE hereby represents and warrants to CUSTOMER, with respect to the <br />Professional Services and Deliverables set out in the Implementation Planning Report Document, <br />that: <br />8.4.1 each of its employees assigned to perform Professional Services shall have the proper skill, <br />training and background so as to be able to perform in a competent and professional manner <br />and that all work will be performed in accordance with this Agreement; and <br />8.4.2 for a period of ninety days following completion of the Professional Services as defined in <br />the Implementation Planning Report Document, the Deliverables set out in the <br />Implementation Planning Report Document shall perform substantially in accordance with <br />the agreed specifications as set out in the Implementation Planning Report Document <br />including the Acceptance Criteria. <br />8.5 The representations and warranties of HIGH LINE contained in Article 8.4 above: <br />8.5.1 are conditional upon CUSTOMER fulfilling all of its obligations under the terms of this
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