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maintenance service. Any components removed on an exchange <br /> basis become the property of Supplier; <br /> <br /> Supplier is not responsible for Acts of God, City negligence, third party <br />acts, or willful acts or omissions causing damage or disrepair to any part of the <br />System. <br /> <br /> Supplier warrants to City, as original pumhaser, that the System, in its <br />entirety will be free of defects in material and workmanship both during the first <br />year of the Agreement as well as for any period covered under this Service <br />Agreement. Supplier will correct any defects in material or workmanship, or any <br />failure of the System to conform to specifications at no charge for labor and <br />materials. Any replacement part shall be new or serviceably used, and is <br />warranted for the remainder of the Service Agreement. Other than routine <br />maintenance occurring during the Service Agreement, City must notify Supplier <br />promptly of any perceived defect in material or workmanship. Services to be <br />performed by Supplier shall be rendered by an on-site visit or by performance of <br />diagnostics, whichever is required to locate and correct the defect identified. <br /> <br /> Supplier shall use its best efforts to provide a ninety (90) percent up-time <br /> for the System. The up-time period will be measured on a ninety (90) day "fiscal <br /> calendar quarter," by twenty-four (24) hour cycle. Downtime is that period of <br /> time when the System is inoperable due to equipment failure which causes the <br /> System to be unusable and in need of remedial maintenance. Downtime due to <br /> installation of new equipment, modifications, improvements, or upgrades to the <br /> D-3 <br /> <br /> EXHIBIT "D" <br /> <br /> Agm-083a <br /> F~hared~shared~Redwood~Councll <br /> FXS:rg <br /> 07/21/97 <br /> <br /> <br />