Res 2009-171 - Laserfiche WebLink

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the termination or expiration of this Agreement. While the Vendor does not expressly warrant that the hardware products will be free of error or defect, it agrees to facilitate any corrective action with the hardware manufacturer in connection with the hardware products as requested by the City. 1.3.7 System Function Warranty. Upon a satisfactory inspection of the City's technology infrastructure and operating environment, the Vendor further warrants that upon installation, the System will perform all functions in accordance with the Table of Functional Requirements attached as Attachment B and the Table of Technical Requirements attached as Attachment C in a manner, which maximizes efficiency and ease of use to persons using the system. Vendor further warrants that the Software contains no computer viruses, malware or other code or instructions, that modify, damage, disable or compromise the security of the City's computer systems or networks. 1.3.8 WARRANTIES IDENTIFIED IN SUBSECTIONS 1.3.6 AND 1.3.7 ABOVE WILL COMMENCE UPON THE DATE OF ACCEPTANCE OF THE SYSTEM BY THE CITY. THE WARRANTIES SET FORTH HEREIN AND IN THE ATTACHED SOFTWARE LICENSE AND SOFTWARE MAINTENANCE AGREEMENTS REPLACE ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES SET FORTH IN THIS AGREEMENT TAKE PRECEDENCE OVER THE WARRANTIES ESTABLISHED IN THE ATTACHED SOFTWARE MAINTENANCE AND LICENSE AGREEMENTS. 1.4 ADDITIONAL PRODUCTS AND/OR SERVICES/CHANGES IN SERVICE 1.4.1 The City may request that the Vendor provide additional Products or Services outside of the scope of the work identified in Section 1.1 and in the attached Project Approach Plan #1. The City and the Vendor will negotiate a separate Project Approach Plan for each purchase of additional Products or Services that will include a description of the proposed Products and Services and all related costs. Each subsequent Project Approach Plan will be accompanied by a corresponding CIS. The Vendor's provision of bug fixes and major/minor software updates for the life of this Agreement are not considered additional services and will not result in additional costs to the City. The terms and conditions of this Agreement will remain in full force and effect for the performance of any additional Services or the provision of additional Products unless amended in accordance with Section 11 of this Agreement. 1.4.2 Each material change (deletion or addition) in the Services to be performed or the Product to be provided by the Vendor must be authorized by the City on the CIS form. Compensation for additional Services or Products will be in addition to that specified in Article 13. The approval of the City's governing body is necessary for all additional Products or Services, the compensation for which exceeds $50,000.00. Brazos Technology, Hand Held Ticket Writer System Agreement 7