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Res 2004-174
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Res 2004-174
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7/31/2006 10:22:40 AM
Creation date
7/31/2006 10:17:56 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-174
Date
10/11/2004
Volume Book
157
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<br />I <br /> <br />I <br /> <br />I <br /> <br />4.1 <br /> <br />Electrical work extemal to the Hardware; <br /> <br />4.2 This agreement extends only to uses for which the System was designed. Except as stated <br />below, the services The Library Corporation agrees to provide under this Agreement are repair <br />services which are necessary because of any defect which exists or occurs in materials or <br />workmanship in the System or in any System component covered in this Agreement. <br />Preventive maintenance is not included. Installation, other than initial installation or re- <br />installation necessary due to a system component's failure through no fault of the City, <br />deinstallation, or relocation services and operating supplies are not included. Repairs <br />necessitated as a result of alteration, adjustment, or repair by anyone other than The Library <br />Corporation (or its representatives) are not included. The Library Corporation is not obligated to <br />repair any System or System component which has been damaged as a result of (i) accident, <br />misuse, or abuse of the System or component (such as, but not limited to, use of incorrect line <br />voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or <br />insufficient ventilation, or failure to follow operating instructions) by anyone other than The <br />Library Corporation (or its representatives); (ii) an act of God such as, but not limited to, <br />lightning, flood, tornado, earthquakes, and hurricanes; or (iii) the moving of the System from <br />one geographic location to another or from one entity to another. <br /> <br />4.3 Such service which is impractical for The Library Corporation to render because of alterations to <br />the Hardware or their connection by mechanical or electrical means to other devices or <br />alterations to operating systems; or <br /> <br />4.4 <br /> <br />Maintenance on Hardware not listed in Schedule C. <br /> <br />5. <br /> <br />General. <br /> <br />5.1 The Library Corporation reserves the right to adjust the maintenance charges if the Hardware <br />specifications, attachments or features of any item of Hardware are changed after the date <br />hereof, <br /> <br />5.2 The Library Corporation is not responsible for any failure to render service due to any cause <br />beyond its control, <br /> <br />5.3 The Library Corporation shall be entitled, upon giving prior written notice to the City, to assign <br />this Agreement and The Library Corporation's rights hereunder to any subsidiary, affiliate, or <br />successor thereof. <br /> <br />September 2, 2004 <br /> <br />Library Contract <br /> <br />Page 23 of 29 <br />
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