Reso 2002-452 - Laserfiche WebLink

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Year 2000 Compliance and Warranty Requirements (continued) Products or perfonnance of Services provided under this C ontr'act which are N on-Year 2000 Comp Ii ant. with functionally equivalent lnformarion ProclDcts which are Year 2000 Compliant and with Services thar are compliant. If after its best effons. the VENDOR is unable to accomplish the correction or replacement of the Non-Year 2000 Compliant Information! Products or performance of Services. provided under this ContnlCt within 45 days after notification to the VENDOR of the failure of the lnfonnation Products to artain Year 2000 Compliance or of the failure of Services. the Contractor shall refund to the City of Jacksonville any amounts paid by the City of JacksoDviDe for the lnformarion Products and/or Services provided and shall indemnify and hold the City of JawoDviDe harmless from and against any and all liability. loss. or expense (including reasonable attorney's fees) with respect to Services and to Non-Year 2000 Compliant Infonnarion Products provided underthis contract. Nothing in this warranty shall be construed to limit any rights or remedies otherwise available under this Contract with respect to defects other than Year 2000 Non-Compliance. This ContnlCt supersedes all previous contracts between VENDOR and the City of Jacksonville with regard to Year 2000 Compliance. This provision shall survive termination or expiration ofthis ContnlCt. . 2. As part of the Cenificarion. VENDOR agrees to perform comprehensive testing necessary to insure aU Information ProdUcts, which are provided under this Contract or which are used in the provision of Services under this Contract, are Year 2000 Compliant and to provide with all Information PrOducts a completed PrMlIrt rn....pl;"n.... r.."ifi,.",inn for Year 2000 Compliance attached hereto, and by this reference made a part hereof, along with the test plans and test results which support that Cenificarion. 3. The represent. ions and warranties contained herein are separate and apart from any other representations and warranties specified in this Contract, and are not subject to any disclaimer ofrepresei1tation warranty or limitation of Contractor's liability which may be specified elsewhere in this Contract, its appendices, addenda, amendments schedules, annexes or any document incorporBled in this Contract by reference. 4. Definitions a. r.-rtifi.....,inn: the act of providing written testimony of qualificarion of a process or product with regard to Year 2000 Compliance. including identification and documentation of aD fonnBls ofDBle Processing and Date Exchange, such formats may include ISO standards. other generally accepted industJy date representations, or other documented methods of date representation. Process certification does not necessarily mean product certification. b. n",.. F",.hltng... the interchange of date dara between two or more systems or systeme1ements. c. n",.. Prnr_cing- the handling of dale data within a system or system element. d. Infnnn.winn Pnulllrt... ProdudS and/or Services including but not limited to hardware. software, firmware. middleware, and embedded systems including but not limited to EDI and other interfaces for the exchange of clara, whether acting alone or combined as a system. e. ~....v;,....... includes, but is not limited to, capital improvements, contractual services and professional services as th ose terms are deimed in Section 126. 102, Ordintl1lCle Code, and which Services may require lnformarion Products for their provision. f. V....r "non rn..,.,li"n,. The ability of a system to provide all of the following functions: I) Handle date information (via U.S. standards) before, during and after Global Positioning System "Rollover Dare" change from August 21, 1999 to August 22, 1999; Form GB-AS, revised 2/1999 SIB