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7A Page 21 contract, tort (inciuding, strict liability, or otherwise) arising aut of the quality, condition ar use of the software. 4.2.Remedies 4.2.t. ifi, during the appficable warranty period specified in Section 4.1, above, City (a) discovers Defects in the Software provided by Vendor under this Agreement, such that the Software will not perform in accordance with the express warranty set forth in this Agreement and City notifies Vendor, in writing, of such Defects, #hen Vendor shaEl, without charge to City, correct such Defects. 4.2.2. If, during the warranty period specified in Section 4.1., City (a} discovers that the services performed by Vendor under this Agr��ment had not been perfarmed in ma#erial accordance with the express warranty set forth in Section 4.1., and City notifies Vendor in writing of such faulty services, then Vendor shall, without charge to City, re-perform such services to the extent necessary to correct the fault therein. 4.2.3. Every claim that Vendor's goods or services are faul#y shall be deemed waived unfess such ctaim is made in writing during ihe applicable warranty period spec'rfied in 4.1. above. 5. Final Acceptance Criteria. 5.1.Upon completion of the Scope of Worlc in Exhibit A, Vendor shall submit to City a written Notice o# Completion. City shall test ttie system for defects and anomalies during a sixiy (60) day period following such notice. The City will accept#he system as set forth in the Scope of Work ("the System"�, based on the following criteria: During the first fi0 days of o�erational use (Go 1_ive) ofi the system by the City a performance assessment will be conducted by the Ci#y of the software. This assessment can be conducted by whatever method the City sees fit. !f at the end of tt�e 60 days the City determines that the software is performing to their satisfaction then natice of Final Acceptance of the software and authori�ation of finai payment to the vendor wiit be processed. However"rf during this period it is determined that the software is not working satisfactori{y#hen the City wiil idenfrfy those items in writing and work with the vendor for the next 30 days to resolve the probtems.This is a new 30 day acceptance period. During the subsequent 30 day period,the Ciiy again tests the perfo►mance of the software. If at the end of the 30 days the City determines that the software is performing to its satisfactfon the Final Acceptance of ihe saftware and authorization of final payment to the vendor will be processed. Again, any outstanding issues wiil be handted as maintenance items under the Support Services Agreements. 17