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Agmt99 Lucent Technologies
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Agmt99 Lucent Technologies
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Last modified
8/28/2012 3:10:50 PM
Creation date
8/31/2005 8:42:46 AM
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Template:
Agreement
Contractor Name
Lucent Technologies
PROJECT NAME
CAD - RMS Mapping System agreement & software license
RMP File Number
304
Date
3/22/1999
Box
6001
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Except as otherwise provided herein, all such Products, including any associated Software, firmware or <br /> services are provided to CTTY under separate terms as outlined in E�chbits G and H. CITY agrees to <br /> accept the terms and conditions as set forth in said Exhbits (including, but not limited to the <br /> ; Communications Systcm Agreement set forth in Exhibit G). CTI'Y understands and agrees that the extent <br /> of its recourse against LUCENT for any and all clauns related to such Motorola.-Supplied Products and <br /> Services and Corporate Environments of Woodside, Califomia-Supplied Products and Services shall be <br /> no greater that LUCENT's recourse against such vendors as outlined in Exhbits G and H, for any failure <br /> of such Equipme� or Soflware to operate in accordance with the vendors' specifications, or to <br /> interop�rate with LUCENT Equipment or Software. <br /> Section 4 PERFORMANCE SCHEDULE <br /> A. LUCENT and CI'TY agre�to perform their responsibilities in accorda.nce with the Statement of <br /> Work(Exhbit D). LUCENT further agree.s to have the CAD portion of the System installed and ready <br /> for use by CITY on or before December 1, 1999,unless installation,testing or acceptance is delayed by <br /> circumstances within the control of CITY. <br /> B. By executing this Agreement, CITY authorizes LUCENT ta proceed with the assembly, delivery, <br /> integratioq installation and testing of the System. No further notice to proceed, purchase order, <br /> authorization, resolution, or any other action will be required for the ordering or installation of hardware <br /> only. LUCENT will proceed with installation of Sofiware and acceptance testing only upon CITY's <br /> written authorizaxion to proceed. Such authorizaxion wilt be issued within a reasonable time after CITY is <br /> informed by LUCENT that LUCENT is ready to proceed, but in no event later than ten(10) business days <br /> after CITY is so informed, after which time, CITY's authorization to proceed will be deemed to have <br /> been given unless has CITY notified LUCENT to the contrary in writing. <br /> Section 5 PAYMENT SCHEDULE <br /> A. CTTY agrees to make payments to LUCENT within thirty (30) days after the date of invoices <br /> which will be submitted by LUCENT according to the following payment schedule: <br /> DeliverablelMilestone of Total Contract w/o Maintenance=$ 1,509,489.00 <br /> Contract Signing(10%of Total) $ 150,948.90 <br /> Services ui ment Software <br /> Delivery of Equipment 620,096.86 <br /> Installation of Softwaze 64,921.58 172,455.17 <br /> Acceptance Test Plan 64,921.58 68,982.07 <br /> System Cutover 162,303.95 103,473.10 <br /> Final Acceptance 32,460.79 68,925.00 <br /> B. Overdue invoices will bear interest at a rate of one and one-half percent (1.5%) simple interest <br /> per month, unless such rate exceeds the maximum allowed by law, in which case it shall be reduced to the <br /> maximum allowable rate. <br /> C� CITY hereby grants and LUCENT reserves a purchase money security interest in the Equipment <br /> purchased hereunder and in any proceeds thereof, for the amount of its purchase price. Upon ret�uest by <br /> Lucent TechnologieslRedwood City, CA 3 <br /> _ . . __ _ _ ._ _.._ _. _ _ <br />
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