Res 2011-072 - Laserfiche WebLink

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warrants that all information provided in the proposal submitted in response to the City's Request for Proposal ( "RFP ") No. 211 -020 issued on January 30, 2011 is true and correct and that the Vendor will take all reasonable steps to ensure that, the Project meets the City's requirements established in Attachment A. 1.3.2 That the City will have quiet enjoyment of the Website and Intranet, and that no change in the organization, structure or ownership of the Vendor will in any way interfere or diminish the City's use, possession and enjoyment of the Website and Intranet. 1.3.3 The Vendor will provide adequate training as part of this Agreement in order to enable the City's staff to fully utilize all components of the Projector the City's intended purposes. 1.3.4 Limited Warranty: Vendor warrants that all of the deliverables included in this Agreement will be conveyed to City in a timely fashion. All programming code developed by Vendor within the project is warranted for a period of twelve (12) months from the date of the completion of the Project ( "Completion "). Vendor will create a backup of the Website and Intranet on the date of Completion. If any warranted problem arises while City or its designee is maintaining the website, Vendor will restore the Website back to its condition as it existed at Completion. If Vendor is maintaining and hosting the Website, Vendor will restore the Website back to its condition as it existed at the day of the most recent backup. Vendor will only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period following the Completion. 1.3.5 Except as expressly set forth in the immediately preceding paragraph, VENDOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE WHATSOEVER. In no event, at any time, will the aggregate liability of Vendor exceed the amount of fees paid by City to Vendor and Vendor will not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 1.3.6 To the extent not specifically a part of the scope of services under this Agreement, Vendor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 1.3.7 Although Vendor may offer an opinion about possible results regarding the subject matter of this Agreement, Vendor cannot guarantee any particular result. City acknowledges that Vendor has made no promises about the outcome and that any opinion offered by Vendor in the future will not constitute a guarantee. 1.3.8 Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the City's web pages during the effective period of 5 Web Redesign and Content Management System