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REV: 02-25-26 LF <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 <br />all permits required of Provider by federal, state and local regulatory agencies. <br />14. Warranty. <br />a. Software Warranty. Provider warrants that the Software will conform in all material <br />respects to the Functional Specifications during the term of this Agreement. Provider <br />agrees to correct, through its standard support process, any nonconformity of which it <br />receives notice during the term. In addition, Provider warrants that any customization to <br />the Software on behalf of City will conform in all material respects to the Functional <br />Specifications. This warranty is void if the City or any other third party intentionally <br />changes or modifies the Software without the permission of Provider. <br />b. Malware. Provider warrants that the Software does not contain any virus or <br />malware and that no employee or contractor of Provider will knowingly introduce malware <br />into City’s network during the performance of this Agreement. <br />c. Service Warranty. Provider warrants that all Services provided under this <br />Agreement will be performed in a professional, competent and workmanlike manner in <br />accordance with the requirements of the Schedule of Services and the Functional <br />Specifications, if applicable. Provider shall further provide a sufficient number of properly <br />trained and competent staff to carry out the Services in a skilled and professional manner <br />consistent with the best practices in the software industry and in compliance with the <br />Performance Schedule. <br />d. Remedies. Provider covenants that it will make corrections of program errors which <br />are reported in writing to Provider during the term and which are necessary for the Software <br />to 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 />that result in the inability of the City to make functional use of the Software will be given <br />its highest priority with the problem corrected as soon as practicably possible. Provider <br />will use commercially reasonable efforts to have all errors resolved within no more than <br />five calendar days. <br />15. Acceptance Testing. All Implementation Services shall be subject to acceptance testing by <br />City to verify, to its reasonable satisfaction, that each deliverable conforms to the requirements of <br />a particular phase or milestone as set forth in the Schedule of Services or with respect to the <br />Software, that it conforms to the Functional Specifications in all material respects and does not <br />contain material errors. Acceptance testing will not begin for any deliverable until sufficient data, <br />as reasonably determined by City, has been converted and loaded into the Software or component <br />thereof to enable City to test the functionality of the Software or any component thereof in a test <br />environment that approximates a live production environment. If City determines that any <br />ATTY/AGR.2026.050/ICHI Plan, Inc. (AI enabled Software Solution) (Page 8 of 31)