Res 2011-094 - Laserfiche WebLink

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ARTICLE 8 WARRANTIES The Contractor expressly warrants and represents: 8.1 GENERAL WARRANTIES 8.1.1 That all information provided in its response to the City's RFP is true and correct. 8.1.2 That all services performed by or for it under this Agreement will be performed on a timely basis and in a good, professional, and workmanlike manner by persons having specialized skill and knowledge as to the services being performed. 8.1.3 That the City will have quiet enjoyment of all equipment provided by the Contractor under this Agreement, and that no change in the organization, structure or ownership of the Contractor will in any way interfere or diminish the City's use, possession and enjoyment of the Project or the equipment provided under this Agreement. 8.2 WARRANTIES FOR CORRECTION DEFECTS 8.2.1 The Contractor warrants that all equipment it provides during the course of this Agreement with the City, is merchantable and fit for its intended purposes and will meet each of the requirements and representations described in the Agreement, including without limitation all representations of the Contractor included in the Contractor's proposal (Attachment B). The Contractor acknowledges that the intended purpose for the equipment is as stated and described in this Agreement and as may be further specified in Attachment A and B. If errors or deficiencies are discovered after the date of the formal acceptance of the services and equipment by the City, the Contractor warrants that it will correct the defects without charge to the City, for the duration of the Agreement. This correction may take the form of equipment additions, modifications, or deletions, or the provision of substitute equipment which meets the Project requirements as specified in the Agreement. All additions, modifications, and substitutions will integrate fully with existing equipment and any computer software and hardware currently in place or which may be incorporated under this Agreement. ARTICLE 9 INSURANCE AND INDEMNITY 9.1 To the extent permitted by law, each parry will indemnify, hold harmless and defend the other parry and its employees, agents, officers and servants from any and all third parry lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts or omissions of the indemnifying party, its officers, employees or agents and relating to personal injury, death, or damage to tangible personal property. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, Telecommunications Services Agreement 2011 15