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REV: 01-05-26 LR <br />Exceptions <br />ENSIGHT shall have no obligation hereunder with respect to any Hardware which (i) has <br />been improperly stored, repaired, or altered; (ii) has been subjected to misuse, <br />negligence, or accident; (iii) has been used in a manner contrary to ENSIGHT's <br />instructions; or (iv) is comprised of materials provided by or a design specified by client. <br />Hardware supplied by ENSIGHT but manufactured by others is warranted only to the <br />extent of the manufacturer’s warranty, and only the remedies, if any, provided by the <br />manufacturer will be allowed. In the case of vandalism, City may bill EnSight for the labor, <br />hardware, and services required for the repair or replacement of vandalized components. <br />EnSight will assess the damage and attempt to repair on site using spare parts. If <br />additional work or equipment is needed to replace the vandalized components, EnSight <br />will send an estimate to the City for approval. <br />THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER <br />WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL, OR <br />IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES <br />OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- <br />INFRINGEMENT, OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE <br />REMEDIES STATED HEREIN CONSTITUTE CLIENT’S EXCLUSIVE REMEDIES AND <br />ENSIGHT’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. WITHOUT <br />LIMITING THE GENERALITY OF THE FOREGOING, ENSIGHT SPECIFICALLY DOES <br />NOT WARRANT THAT THE SOFTWARE OR THE MANAGED SERVICES WILL <br />PERFORM WITHOUT INTERRUPTION OR ERROR. EXCEPT AS OTHERWISE SET <br />FORTH IN THIS AGREEMENT, ENSIGHT WILL NOT BE LIABLE FOR ANY DAMAGES <br />THE CLIENT MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE THE <br />SOFTWARE, HARDWARE, OR MANAGED SERVICES PROVIDED HEREUNDER. <br />ENSIGHT SHALL IN NO EVENT BE LIABLE FOR FAILURE OF THE SOFTWARE OR <br />HARDWARE BECAUSE OF WEATHER, LABOR STRIKES, CORROSION, INTERNET <br />FAILURE, OR TELECOMMUNICATIONS ERRORS <br />Terms of Warranty & Support for FLOWBIRD products are as follows: <br />Product Warranties <br />During the General Warranty Period, FLOWBIRD shall replace, at no additional cost to <br />Customer, except as otherwise provided under the Order, any part, accessory or modular <br />component of any Products purchased directly from FLOWBIRD and determined to be <br />defective in material or workmanship under normal use and service (the “General <br />Warranty”). Customer shall cooperate with FLOWBIRD in any effort to pursue a claim <br />with the manufacturer of a defective part. The “General Warranty Period” for (i) each pay <br />station shall extend for (a) twelve (12) months following the date of installation of the pay <br />station or (b) thirteen (13) months following the date of delivery of the pay station to <br />Customer, whichever date occurs first; and (ii) each part or accessory purchased <br />hereunder for one hundred eighty (180) days following its delivery to Customer. To the <br />extent that any Products contain Programs, FLOWBIRD warrants that the Programs will <br />conform to FLOWBIRD’s specifications in effect on the date of delivery to Customer. <br />FLOWBIRD shall make reasonable efforts to maintain the Programs and provide error <br />ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 156 of 167)