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7'ç'f- D. SYSTEM RELIABILITY TEST - PILOT OPERATION , The pu~~ òf the System Reliability Test, also referred to by THE CITY as the System Availability Examination, is an exaITÚnation to determine if the System provided under this Agreement is reliable and. therefore, suitable for use by THE CITY. This test may overlap other tests. The test will be pèrformed as set forth in Rider H, Schedule 5. Successful completion of this test is necessary for Final System Acceptance. 9. WARRANTY A. DYNIX warrants that the System provided pursuant to this Agreement will meet or exceed the pèrformance standards spèCi fied in Rider G at the activity levels and data storage capacity levels ~ described therein. THE CITY may pèrform the Response Time Test, also referred to by THE CITY as the System Full Load Response Time and Processing Capacity ExaITÚnation as described in Rider H, Schedule 5 at any time that THE CITY determines desirable. B. DYNIX warrants that the System provided will support the projected transaction loads, terminal configurations, system response time requirements and data storage loads anticipated from the System during the initial 60 months after Final System Acceptance. Should the Equipment supplied by DYNIX require any upgrade, enhancement, or extension solely to meet the levels of service defined in Rider G of this Agreement for the initial 60 months, whether due to changes in software or inadequate system contìguration. DYNIX shall provide the additional Equipment and/or Software (whc::ther addc::ù. moditieù or c::xchang<::d) to THE CITY at no charge within sixty (60) days or a mutually agr<::cahlc:: ùatc:: of THE CITY's ùetamination of the n~ for theSè additions. DYNIX shall also Include all costs rdatoo to the shipping. insurance installation and other related costs necessary to bringing the Equipment into opèration. Any Equipment provided to THE CITY under these circumstances shall bècome the propèrty of THE CITY and DYNIX shall surrender title immediately after installation and testing. If installation of the addition or exchange Equipment and/or Software requires that the System be down and unable for normal operation, this time period shall be classified as "unscheduled downtime" and will be used by THE CITY as part of the calculation necessary to determine system availability. C. DYNIX warrants that all Equipment provided under this Agreement, whether installed initially or under subsequent purchase orders, shall be: newly manufactured equipment or assembled from newly manufactured parts; approved by Underwriter's Laboratories; and, will be free from defects in workmanshIp or material for a pèrioò of one year (365 days) from the date of Final System Al:ceptanœ. During this one year warranty pèriod. DYNIX shall furnish all replacement new parts, repair parts. service labor on site. and other repair costs at no cost to THE CITY. At the conclusion of the warranty pèriod, THE CITY shall continue to secure DYNIX support for Equipment under the Maintenance Agreement as defined in Rider J of this Agreement. D. 0 YNIX warrants that the Software provided under this Agreement meets each of the requirements and representations described in this Agreement. Should after the date of formal acceptance of the System by THE CITY, errors or deficiencies be discovered, DYNIX warrants that the defects shall be corrected, without charge to THE CITY, for a pèriod of one year (365 days) from the date of Final System Acceptance. This correction may take the form of software additions, modifications, deletions or tho:: provision of suhstituto:: software which meets the system functions as specified in this Agr~mo::nt. All software additions. mooltications and substitutions must integrate fully with other software packages on the system. E. DYNIX warrants that all information provided by DYNIX in the Response to the Request for Proposals is true and correct. THE CITY OF SAN MARCOS - PAGE 5 January [7. [994