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t)7~ 6. RISK OF LOSS DYNIX is responsIble for all risks of loss or damage to Equipment furnished under this Agreement until delivery is made inside THE CITY premises. Thereafter THE CITY will be responsible for risks of loss or damage. except for loss or damage caused by DYNIX in the process of installation. 7. DATA LOADING DYNIX will load THE CITY data as outlined in Rider D, Schedule 4 with further definitions as jointly agreëd upon by DYNIX and THE CITY. ~~ 8. FINAL SYSTEM ACCEPTANCE AND PERFORMANCE TESTS FINAL ACCEPTANCE OF THE SYSTEM The System shall he deèmèÒ to be tinally acceptèÒ by THE CITY after the installation of the System, the load of the library's database and the successful completion of the following performance tests: post- installation Hardware Functionality Test; post-installation Data Load Test; post-installation Module Functionality Tests for the Cataloging and Circulation modules and the post-installation System Reliability Test. THE CITY shall promptly notify DYNIX by telephone or telefacsimile transmission if it determines that the System is failing an acceptance test so that DYNIX may seek to remedy the problem. THE CITY may waive reliability and response time tests for modules mounted after the initial installation if there is no evidence of degraded performance. A. HARDWARE FUNCTIONALITY TEST . The purpose of the Hardware Functionality Test, also referred to by THE CITY as the System Hardware Quality Examination. is to ascertain that the equipment listed on Rider B as instaned is operational. The test win be performed as set forth in Rider H, Schedule 1. Successful completion of this test is necessary for Final System Acceptance. B. DATA LOAD TEST The purpose of the Data Load Test, also referred to by THE CITY as the Database Load Performance Examination. is to demonstrate and verify that THE CITY's data tiles will be properly loaded. This test will be performed after all test records have b<=en loaded and processed onto the System. This test may overlap other testS. The test will be pertorrrlèÒ as Sèt forth in Rider H, Schedule 2. The test will be performed as set forth in Rider H, Schèdule I. Successful completion of this test is necessary for Final System Acceptance. C. MODULE FUNCTIONALITY TEST(S) The purpose of the Module Functionality Test. also referred to by THE CITY as the System Functional Competence Examination, is to verify that the required function capabilities of the Software have been delivered. This test may overlap other tests. The test will be performed as set forth in Rider H. Schedule 3. Successful completion of the Cataloging and Circulation Module Functionality Tests is necessary for Final System Acceptance. THE CITY OF SAN MARCOS - PAGE 4 January 17, 1994