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<br /> /I?p <br /> -5- <br /> Part 8. Acceptance Tests and Remedies for Deficiencies. <br /> 8.01 The following Acceptance Tests will be performed and must <br /> be successfully completed prior to the city's acceptance of <br /> the System: <br /> (1) System Hardware Quality Examination - Test 1, per <br /> section 8.02 of the City's RFP. <br /> (2) System Functional Competence Examination-Test 2, per <br /> section 8.03 of the city's RFP. <br /> (3) Source Code Examination-Test 5, per section 8.06 of <br /> the city's RFP. <br /> (4) System Full load Response Time and Processing Capacity <br /> Examination Test 4, per Section 8.05 of the City's <br /> RFP. <br /> 8.02 Except as otherwise described in this Agreement, DBI will <br /> not be responsible to the city for special, incidental, or <br /> consequential damages in connection with its performance <br /> under the Agreement. <br /> ~ <br /> Part 9. Other Components or Software. <br /> 9.01 The city may add software for applications other than those <br /> supported by DBI provided that it notifies DBI in writing <br /> when it mounts such software. DBI may bill city at its <br /> then published rates for consulting it provides for <br /> assistance in dealing with the adverse effects on <br /> performance or operation due to the foreign software. <br /> Tests of System performance shall be conducted with only <br /> the applications supplied by DBI. The City shall be <br /> responsible for the effects of such other software on <br /> I <br /> memory and disk storage. <br /> 9.02 The City may attach to the System peripheral equipment <br /> other than the original System hardware. DBI must be <br /> notified in writing of at the time such equipment is <br /> connected. The equipment shall be disconnected when <br /> conducting performance tests. DBI may bill the City at its <br /> then published rates for any consulting it provides or for <br /> any services it provides related to compatibility, testing, <br /> installation, ongoing operation or adverse effects of such <br /> other equipment the city connects to the System. <br /> Part 10. Miscellaneous Provisions. <br /> 10.01 Neither the city nor DBI may assign or encumber any of its <br /> rights, or delegate or subcontract any of its duties under <br /> this Agreement to a third party without written consent of <br />