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<br />3.5.4. Such disclosure is in response to a request for information under the <br />Federal Freedom of Information Act or the California Public Records Act <br />(Gov't. Code Sec. 6250 et seq.) but only to the extent that such disclosure is <br />required under such acts. <br /> <br />3.5.5. Survival. The obligations hereunder with respect to each item of City <br />Confidential Information and Vendor Confidential Information shall survive <br />any termination of this Agreement. <br /> <br />4. Warranty <br /> <br />4.1. Warranties. For a period commencing on the date of Final Acceptance and <br />concluding one year (365 days) thereafter, Vendor warrants that: <br /> <br />4.1 .1. The Software provided by this Agreement (both individually and as an entire <br />system) shall perform in accordance with Exhibit A Scope of Work as <br />applicable; and <br /> <br />4.1.2. The services performed by it under this Agreement shall be performed in <br />accordance with the ordinary skill and care that would reasonably be <br />executed by those who are knowledgeable, trained, and experienced in <br />rendering the services required at the time such services are performed. <br /> <br />4.1 .3. Notwithstanding any other proviSion in this Agreement and/or its exhibits, <br />any all 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 from and/or arises out of any: (i) intentional breach of this <br />Agreement by City; (ii) any modification of the Software or System by <br />someone other than Vendor unless such modification is authorized in writing <br />by Vendor; or (iii) any unauthorized use of the Software and/or the System. <br /> <br />4.1.4. Vendor warrants that upon delivery the Software substantially conforms to <br />its documentation and is free from defects that will materially 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 the Software is error-free or <br />will 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 />expressly stated herein. <br /> <br />This warranty is in lieu of all warranties, express or implied, and vendor <br />specifically disclaims any implied warranties of merchantability or fitness for a <br />particular purpose. <br /> <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 /> <br />16 <br />