Laserfiche WebLink
7A <br /> Page 20 <br /> 3.5.4. Such disclosure is in response ta a request for information under the <br /> Federa! Freedom a# Iriformation Act or the California Pubiic Records Act <br /> (Gov't. Code Sec. 6250 et seq.) but oniy to the extent that such disclosure is <br /> required under such acts. <br /> 3.5.5. Survival. The obiigations hereunder with respect to each item of City <br /> Confidential lnformatian and Vendor Confidential lr�farmation shall survive <br /> any termination of this Agresment. <br /> 4. Warranty <br /> 4.1.Warranties. For a period commencing on the date of Final Acceptance and <br /> concluding one year (3fi5 days} thereafter, Vendor warrants that: <br /> 4.1.1. The Software provided by this Agreement {both individually and as an entire <br /> system} shalt perform in accordance with Exhibit A Scope of Work as <br /> applicable; and <br /> 4.1.2. The services performed by it under this Agreement shall be performed in <br /> accordance with the ordinary sk111 and care that would reasonabiy be <br /> executed by those who a�e knowledgeabie, trained, and experienced in <br /> rendering the services required at the time such services are performed. <br /> 4.1.3. Notwithstanding any other provision in this Agreement and/or its exhibits, <br /> any a!I warranties to City hereunder shall be entirely null and void to the <br /> extent any Defect or other performance failure in the Software or System is <br /> caused by, results fram �ntt/or arises out of any: (i) intentional breach of this <br /> Agreement by City; (ii} any mod�ficatian of the Software or System by <br /> someone other than Vendor untess such modification is au#horized in writing <br /> by Vendor; ar (iii) any unauthorized use of the Software and/or the System. <br /> 4.1.4. Vendor warrants that upon delivery the Software substantially confarms to <br /> its documentation and is free from defects that will materiafly impair its use. <br /> The City's sole remedy for breach of this warranty will be repair or <br /> replacement of the software. Vendor will make reasonable efforts to correct <br /> errors in the Software, but does not warrant that#he Software is errar-free or <br /> wi11 perform without interruption. The City has relied solely upon its own <br /> investigation and judgment in selecting the vendor, including representations <br /> made during its demonstration of such systems, or as otherwise may be <br /> expressfy stated herein. <br /> This warranty is in lieu of all warranties, express or implied, and vendor <br /> spec'rfically disclaims any implied warranties of inerchantabili#y or fitness for a <br /> particular purpose. <br /> In no event will vendor be liable for lost business, direct, special, incidental, <br /> or consequential damages, however caused, whether for breach of warranty, <br /> 16 <br />