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<br /> ~ >" 111'--- <br /> REMEDIES: <br /> -. ..' <br /> In the event that DYNIX is unable to successfully complete the test within the total test period of 90 days. THE <br /> CITY may, at its option: <br /> (1) require that DYNIX replace any of the components which has caused the test to fail. Any and all costs <br /> associated with said replacements shall be borne by DYNIX. The test shall not be restarted until said <br /> replacements have been made; or <br /> (2) n::.lt:<.:t the: Syste:m during the: Warranty ~riod, rescind the Dynix contract, and require DYNIX to refund all <br /> monies paid to DYNIX by THE CITY under this Agreement to date. DYNIX shall have the right to remove. <br /> at its expènSè. all Equipment. Software and Supplies provided under this Agreement. - -- <br /> TheSè remedies shaH be THE CITY's exclusive remedies in the event DYNIX is unable to pass the System <br /> Reliability Test within the total test pèriod. <br /> . <br /> , <br /> CITY OF SA~ MARCOS - PAGE R-18 <br /> January 17, 1994 <br />