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<br /> II~yV <br /> The vendor shall indemnify, hold hannless, and defend the City, its officers <br /> and employees from and against all claims and actions for damages or injuries <br /> resulting from the negligence or intentional misconduct of the vendor, its <br /> officers, agents or employees in the perfonnance of this agreement. <br /> K. Ownership of Data. <br /> All parties to the Agreement acknowledge that the City shall maintain <br /> ownership and control of all data files generated by the City. <br /> L. Computer Hardware Expansion Responsibility. <br /> The City has taken great care in projecting the transaction loads, tenninal <br /> configurations and data storage loads anticipated for the system during the <br /> initial five (5) years of operation. Should the computer hardware supplied by <br /> the vendor require any upgrade, enhancement, or extension solely to meet the <br /> levels of the service defined for the initial five (5) years, whether due to <br /> changes in software or inadequate initial planning, the vendor shall provide the <br /> additional equipment (whether added, modified, or exchanged) to the City at <br /> no charge. The vendor shall also include all costs related to the shipping, <br /> insurance, installation and other related costs necessary to bring the equipment <br /> into operation. All maintenance costs associated with this equipment shall be <br /> paid by the City until the five (5) years initial operation Reriod has passed. <br /> The equipment provided to the City under these circumstances shall become <br /> the property of the City and the vendor shall surrender title immediately after <br /> installation and testing. <br /> M. Hardware Warranty. <br /> - The vendor warrants that all equipment provided under this Agreement, , <br /> whether installed initially or under subsequent purchase orders, shall be: new~ <br /> manufactured ~lp.me.nLQL as¿embled from newly manufactured parts; ---=. <br /> approved by Underwriter's Laboratories; and, will be free from defects in <br /> workmanship or material for a period of six (6) months from the date of final <br /> system acceptance. During this six month warranty period, the vendor shall <br /> furnish all new replacement parts, repair parts, service labor on site, and other <br /> repair costs at no cost to the City. At the conclusion of the warranty period, <br /> the City shall continue to secure vendor support of equipment under a separate <br /> maintenance agreement. <br /> RFP 94-00 I <br /> Page 16 <br />