Res 2012-062 - Laserfiche WebLink

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8.1.1 That all information provided in its response to the City's RFP is true and correct. 8.1.2 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 The Contractor warrants that the System is fully warranted for a minimum of five (5) years. In addition the Contractor warrants that all Goods and services it provides during the course of this Agreement with the City, are merchantable and fit for their intended purposes and will meet and conform to each of the requirements and representations described in the Agreement, including without limitation all representations of the Contractor included in the Contractor's proposal, as amended during subsequent negotiations or the manufacturer's published specifications, whichever is more stringent, and the System will be free from all defects in materials, workmanship, and title. 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 the City's RFP #212 -006 and the Contractor's response to the City's RFP. 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. Interim periods between the manufacturer's warranty and the date of acceptance will be the Contractor's responsibility. All warranty repairs will be performed without accessing the City's warranty deductibles. The Contractor is responsible for any warranty deductibles required for warranty repairs. ARTICLE 9 INSURANCE, INDEMNITY AND BONDS 9.1 To the extent permitted by law, each party will indemnify, hold harmless and defend the other party and its employees, agents, officers and servants from any and all third party 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, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action Outdoor Siren Warning System Agreement 6/2012 16