Agmt07 Sun Ridge Systems - (R I M S)

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contract, tort (including, strict liability, or otherwise) arising out of the quality, condition or use of the software. 4.2. Remedies 4.2.1. If, during the applicable 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, then Vendor shall, 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 Agreement had not been performed in material 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 faulty shall be deemed waived unless such claim is made in writing during the applicable warranty period specified in 4.1. above. 5. Final Acceptance Criteria. 5.1. Upon completion of the Scope of Work in Exhibit A, Vendor shall submit to City a written Notice of Completion. City shall test the system for defects and anomalies during a sixty (60) day period following such notice. The City will accept the system as set forth in the Scope of Work ("the System"), based on the following criteria: During the first 60 days of operational use (Go Live) of the system by the City a performance assessment will be conducted by the City of the software. This assessment can be conducted by whatever method the City sees fit. If at the end of the 60 days the City determines that the software is performing to their satisfaction then notice of Final Acceptance of the software and authorization of final payment to the vendor will be processed. However if during this period it is determined that the software is not working satisfactorily then the City will identify those items in writing and work with the vendor for the next 30 days to resolve the problems. This is a new 30 day acceptance period. During the subsequent 30 day period, the City again tests the performance of the software. If at the end of the 30 days the City determines that the software is performing to its satisfaction the Final Acceptance of the software and authorization of final payment to the vendor will be processed. Again, any outstanding issues will be handled as maintenance items under the Support Services Agreements. 17