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H. Maintenance and Supnort. Maintenance and support is provided for Palladium� Sofiware througln the Warranty Period- No maintenance or support is Provided under this Agreement following the expiration of the Warranty Period. Post-�'�'�nt3'�� or support, if available, will be provided � under a separately executed LUCENT Soflware Maintenance and Support Agreement, pnrsuant to Section 3.D. Se�tion 10 WA][iRANTi' A. Software Warranty. l. LUCENT warrants to CITY that software developed by LUCEN'f will be free from those defects which materially affect performance in accordance with LUCENT's written Specifications or Documentation. No wartanty is made that the software will run unintemipted or error-free. LUCENT,to the extent permitted, hereby assigns to CITY the warranties, if any, given to it by others on Non- LUCENT Software. Lucent further warrants that the Products supplied hereunder, intended to interoperate to comprise the System, including Non-LUCENT Softwaze, will interoperate in accordance with LUCENT's Spec�cations. If Non-LUCENT Soflware furnished hereunder does not interoperate with LUCENT Software, then LUCENT will work with the third party vendor to achieve corrective action. 2, The Warranty Period for LUCENT Soflware is twelve(12)months and commences on the date of final acceptance. The warranty period for Non-LUCENT Soflware shall be in accorda.nce with the warranties, if any, given to LUCENT by others on such softwaze. 3. I� under normal and proper use, a wa.rcanty defect or nonconformity appears in a Soflware during the applicable warranty period, and CITY promptly notifies LUCENT in writing of such defect or nonconformance and follows LUCENT's instructions regarding return of matetial including specific reference to this Agreement, LUCENT,at its option,will either correct, repair or replace the same without charge at its facility if the software is readily returnable, or at the insfiallation location if the LUCENT Software is not. In the case of correction, repair or replacement at the installation location, CITY shall make the software accessible to LUCENT. Transportation expenses for returning software to LUCENT shall be bome by CITY. Transportation expenses for returning software to CITY shall be bome by LUCENT. Such transportation expenses for retuming software shall be limited to overnight cazrier such as Federal Express or Airborn Express. If reportedly defective soflware is not defective, CITY shall pay LUCENT all costs of handling, inspecting,testing and transportation. 4. LUCENT makes no warranty with respect to defective conditions or nonconformities caused by the soflware being(a) subje�ted to abuse, misuse, neglect or accident by anyone other than LUCENT or its subcontractor; (b) improperly altered by anyone other than LUCENT or its subconttactor; (c) improperly installed, stored or maintained by anyone other than LUCENT or its subcontractor; or(d) used in a manner not in accordance with software Specifications or operating instructions. As used in this Agreement, the term "Software", in addition to the definition given it in Section 2, means a computer program consisting of a set of logical instructions and tables of information which guide the functioning of a processor; such program may be contained in any medium whatsoever, including Hardware containing a pattern of bits representing such program, but the term "Software" does not mean or include such medium. 5. LUCENT warrants that Software provided under the terms of this Agreement conforms to all state and federal reporting requirements in effect as of the date of installation. LUCENT further warrants that Software will be maintained to the same level of compliance for this requirement for the term of this Agreement and so long as the CITY continues to pay for maintenance and support, as provided in Section 9.H. LUCENT shall provide updates to current requirements not less than sixty (60) days prior to the effective date of the change in state and/or federal reporting rec}uirements.Notwithstanding the preceding, if such updaxes require major revision of the LUCENT Software,the parties shall agree upon an extension Lucent Technologies/Redwood City, CA 6 . _ _ _ ..._ __