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Agmt22 Granicus
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Agmt22 Granicus
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2/14/2024 3:03:56 PM
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2/14/2024 3:03:15 PM
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Agreement
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REV: 06-24-22 RL <br />b. Should such circumstances occur, the non-performing party shall, within a reasonable time <br />of being prevented from performing, give written notice to the other party describing the <br />circumstances preventing continued performance and the efforts being made to resume <br />performance under the Contract Documents. It is not intended by the parties that any such <br />delay shall extend for a period in excess of sixty (60) days. <br />13. Compliance with Law. <br />a. In carrying out its obligations under the Contract Documents, Provider shall comply with <br />all applicable laws, ordinances, codes and regulations of the federal, state and local <br />government, including Cal/OSHA requirements and requirements for verification of <br />employees' legal right to work in the United States. <br />b. If required, Provider shall assist the City, as requested, in obtaining and maintaining all <br />permits required of Provider by federal, state and local regulatory agencies. <br />14. Warranty. Granicus warrants that it takes all precautions that are standard in the industry to increase <br />the likelihood of a successful performance for the Granicus products and services; however, the <br />Granicus products and services are provided “AS IS” and as available. EXCEPT AS PROVIDED <br />ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF <br />ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR <br />IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A <br />PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS <br />PRODUCTS AND SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE <br />OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE <br />a. Software Warranty. Provider warrants that the Software will provide all of the features <br />and functionality set forth in the current documentation for the Software during the term of <br />this Agreement. Provider agrees to correct, through its standard support process, any <br />nonconformity of which it receives notice during the term. In addition, Provider warrants <br />that any customization to the Software on behalf of City will features and functionality in <br />the stated scope of such customization. This warranty is void if the City or any other third <br />party intentionally changes or modifies the Software without the permission of Provider. <br />b. Malware. Provider warrants that the Software does not contain any virus or malware and <br />that no employee or contractor of Provider will introduce malware into City’s network <br />during the performance of this Agreement. <br />c. Service Warranty. Provider warrants that all Services provided under this Agreement will <br />be performed in a professional, competent and workmanlike manner in accordance with <br />the requirements of the Schedule of Services and the Functional Specifications, if <br />applicable. Provider shall further provide a sufficient number of properly trained and <br />competent staff to carry out the Services in a skilled and professional manner consistent <br />with the best practices in the software industry and in compliance with the Performance <br />Schedule. <br /> d. Remedies. Provider covenants that it will make corrections of program errors which are <br />reported in writing to Provider during the term and which are necessary for the Software to <br />conform to the warranties set forth in this Section 14. City agrees to allow Provider the <br />opportunity to make repeated efforts within a thirty (30) day time period to correct <br />programming errors as warranted in this Agreement. Provider agrees that program errors <br />ATTY/AGR.2022.156/Granicus (Online agenda and meeting hosting and indexing) (Page 7 of 32)
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