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replacement, including but not limited <br />to, any packaging and <br />shipping costs, shall be <br />borne exclusively by the <br />Contractor. The City shall endeavor to give the <br />Contractor written notice of the breach of <br />warranty within thirty (30) calendar days of <br />discovery of the breach of warranty, but <br />failure to give timely notice shall not impair <br />the City's rights under this section. <br />d. If the Contractor is unable or unwilling to <br />repair or replace defective or non -conforming <br />Deliverables as required by the City, then in <br />addition to any other available remedy, the <br />City may reduce the quantity of Deliverables it <br />may be required to purchase under the <br />Agreement from the Contractor, and <br />purchase conforming Deliverables from other <br />sources. In such event, the Contractor shall <br />pay to the City upon demand the increased <br />cost, if any, incurred by the City to procure such <br />Deliverables from anothersource. <br />e. If the Contractor is not the manufacturer, <br />and the Deliverables are covered by a separate <br />manufacturer's warranty, the Contractor shall <br />transfer and assign such manufacturer's <br />warranty to the City. If for any reason <br />the manufacturer's warranty cannot <br />be fully <br />transferred to the City, the Contractor shall <br />assist and cooperate with the City to the fullest <br />extent to enforce such manufacturer's warranty <br />for the benefit of the City. <br />18. Warranty -Services. The Contractor <br />warrants and represents that all services to be <br />provided the City under <br />the Agreement will be fully and timely performed in <br />a good and workmanlike manner in accordance <br />with generally accepted industry standards and <br />practices, the terms, conditions, and covenants <br />of the Agreement, and all applicable Federal, <br />State and local laws, rules or <br />regulations. <br />a. The Contractor may not limit, exclude or <br />disclaim the foregoing warranty or any <br />warranty implied by law, and any attempt to <br />do so shall be without force or effect. <br />b. Unless otherwise specified in the <br />Agreement, the warranty period shall be at <br />least one (1) year from the last date services <br />C. <br />have been paid for under the Agreement. <br />If during the warranty period, one or more of <br />the above warranties are breached, the <br />Contractor shall promptly upon receipt of <br />demand perform the services again in <br />accordance with above standard at no <br />additional cost to the City. All costs <br />incidental to such additional <br />performance shall be <br />borne by the Contractor. <br />The City shall endeavor to give the <br />Contractor written notice of the breach of <br />warranty within thirty (30) calendar days <br />of discovery of the breach warranty, but <br />failure to give timely notice shall not impair <br />the City's rights under this section. <br />If the Contractor is unable or unwilling to <br />perform its <br />services in accordance with the above <br />standard as <br />EDSM Approved on Aug. 22, 2025: One -Year Extension (Clean Version) Page 17 of 25 <br />