Reso 2016-2554 - Laserfiche WebLink

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10. WARRANTY OF SERVICES. Contractor warrants and guarantees that all hardware and software included in the Services provided under this Agreement shall be free from material defects in design, materials, and workmanship and will function, under normal use and circumstances, during the entire term of this Agreement, including the initial term and any renewal terms. If defective hardware and/or software is found, Contractor shall respond and investigate the issue before the end of the next business day after being notified by the City. In such an event, the Contractor shall promptly either correct or remove such defective hardware and/or software and replace it with non-defective hardware and/or software within three (3) business days of first written notice from the City. Contractor shall bear all direct and indirect costs of such removal or correction of the defective hardware and/or software. Additionally, all application/service support calls shall be included during the entire term of this Agreement including the initial term and any renewal terms. Finally, any future solutions' enhancements shall be made available to the City at no additional cost. 11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this Agreement with the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: Page 5 C538I-1516-076 PRESIDIO NETWORKED SOLUTIONS, INC.