New Search
into this Contract. <br /> 12.2.3 City is not subject to taxation. No federal or other taxes (excise, luxury, <br /> • transportation, sales, etc.) shall be included in quoted prices. <br /> 13 Prices, Terms, Conditions, Benefits. All prices, terms, warranties, and benefits offered by Seller <br /> are comparable to or better than the equivalent terms being offered by Seller to any other public entity. <br /> If Seller shall during the term of this Contract, enter into similar agreements with any other local public <br /> entities providing greater benefits or more favorable terms, those terms shall be made available to City <br /> upon their effective date. <br /> 14 Risk of Loss or Damage. During the period the components of the System are in transit and <br /> until delivered and installed, Seller shall bear all risk of loss or damage except for loss or damage <br /> resulting from negligence of City, or its officers, agents, or employees. After installation, all risk of <br /> loss or damage shall be borne by City, except loss or damage attributable to Seller's negligence, <br /> - defects City could not reasonably have discovered prior to acceptance, or Seller's breach of contract. <br /> 15 Warranties. <br /> 15.1 Seller's Performance. Seller warrants that it will perform the Work in accordance with <br /> the standards of care and diligence normally practiced by software engineering firms in performing <br /> services of a similar nature. At the written request of City at any time within one year after City's <br /> acceptance of the Work, Seller, at its expense, shall properly perform all corrective work necessary <br /> to conform to the foregoing. <br /> 15.2 Title. Seller warrants that all components of the System will be new, and shall be used <br /> for the purpose or purposes for which intended or specified unless another use is expressly authorized <br /> by City in writing. All equipment and supplies delivered to City under this Contract shall be free of all <br /> liens or encumbrances at the time of delivery and shall remain free of liens or encumbrances created <br /> or suffered by Seller. <br /> 15.3 Defects. Seller warrants that the System will be substantially free of defects and faulty <br /> workmanship, including failure of operation under normal use and service, for a period of one year after <br /> the date of acceptance, and, except as a result of acts of God, negligence by City personnel or agents, <br /> vandalism, fire or other casualty, will perform during that period in substantial conformance with the <br /> requirements of the Contract. <br /> 16 Remedies. <br /> 16.1 Notice and Cure. In the event of any material breach of a nonpayment provision of the <br /> Contract by either party, the aggrieved party shall give written notice thereof, including a reasonably <br /> detailed statement of the nature of such breach, to the breaching party. The breaching party shall <br /> have ten business days after notice is given to cure such breach, or, if the breach cannot reasonably <br /> be cured within ten business days, shall provide a written estimate of the time needed to cure such <br /> breach, shall commence to cure such breach within ten business days of notice from the aggrieved <br /> party and shall diligently continue to prosecute such cure to completion. If the breaching party fails <br /> to cure, commence to cure in - timely manner, or diligently prosecute such cure to completion, the <br /> aggrieved party, at its option, shall be entitled to terminate this Contract or suspend its performance <br /> under the Contract for as long as the breach remains uncorrected, and avail itself of any and all <br /> remedies available under this Contract, at law or in equity. <br /> Purchase Contract - 11 <br />