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Res 2008-051
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Res 2008-051
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Last modified
9/4/2008 1:40:13 PM
Creation date
4/22/2008 9:38:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-51
Date
4/15/2008
Volume Book
175
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covered under the warranty provided herein, Customer agrees to reimburse Eka for all <br />reasonable expenses incurred in traveling and/or the shipping, handling, and inspection <br />of such product; (d) products will be accepted by Eka for warranty claim verification <br />only when returned by Customer in a condition which allows for suitable testing by <br />Eka. <br />8. REMEDY FOR NONCONFORMING GOODS <br />In the event that any product or system requires warranty or repair service, a Return <br />Material Authorization (RMA) number MUST BE OBTAINED FROM EKA BEFORE such goods <br />can be returned to Eka. All returns must be shipped, freight prepaid, to Eka. No unauthorized <br />returns will be accepted within Eka's facilities. To obtain an RMA number, the following <br />information must be supplied: product name and part number, serial number, and detailed <br />description of the problem. Following receipt of any request for an RMA number, Eka shall inform <br />Customer of the warranty status of such return. Products or systems returned under a valid <br />warranty claim shall be repaired or replaced at no expense to Customer, other than costs incurred <br />in returning the same to Eka. Should a returned product be diagnosed as "no trouble found", Eka <br />will contact Customer for technical resolution before the product is returned to Customer. <br />9. DEFINITIONS <br />Unless defined otherwise herein, capitalized terms used in these Support Services terms and <br />conditions shall have the same meaning as set forth in the Software License Agreement: <br />1) "Error" means - an error in SOFTWARE which significantly degrades the SOFTWARE as <br />compared to the Eka Systems' published performance specifications. <br />2) Error Correction" means -the use of reasonable commercial efforts to correct Errors <br />3) "Fix" means -the repair or replacement of object or executable code versions of <br />SOFTWARE to remedy an Error. <br />4) "Previous Release" means - at any time the release of SOFTWARE which has been <br />replaced by the then-current release of the same SOFTWARE. Notwithstanding anything <br />else, a Previous Release will be supported by Eka Systems only for a period of six (6) <br />months after release of the then-current release. <br />5) "Support Services" means -Eka Systems support services as described in Section 2. <br />6) "Technical Support Contact" means - a Customer employee trained in the operation and <br />functionality of Products and able to answer most installation, use and problem queries <br />from Customer's End-User. <br />7) "Telephone Support" means -technical support telephone assistance provided by Eka <br />Systems to the Technical Support Contact during Eka Systems' normal business hours <br />concerning problems of SOFTWARE and the Previous Release. <br />8) "Work-around" means - a change in the procedures followed or data supplied by Customer <br />to avoid an Error without substantially impairing Customer's End-User's use of <br />SOFTWARE. <br />THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND A <br />PRODUCT WARRANTY. THE SOFTWARE AND ALL MATERIALS RELATED TO THE <br />SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES AND LIMITATIONS <br />OF WARRANTIES SET FORTH IN THIS AGREEMENT. THIS ATTACHMENT IS AN <br />ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE <br />ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY <br />CONTRARY THERETO. <br />Advanced Metering Infrastructure Agreement Page 33 <br />
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