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<br />structurally or operationally unsound. Installation includes the fumishing of any equipment
<br />rigging, and materials required to install or replace the product in the proper location. Contractor
<br />shall protect the site from damage and shall repair damages or injury caused during installation by
<br />Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to
<br />achieve installation, the Contractor shall promptly restore the structure or site to its original
<br />condition. Contractor shall perform installation work so as to cause the least inconvenience and
<br />interference with Customers and with proper consideration of others on site. Upon completion of
<br />the installation, the location and sUlTounding area of work shall be left clean and in a neat and
<br />unobstructed condition, with everything in satisfactory repair and order.
<br />
<br />3.21 Insoection and Acceotance: Inspection and acceptance shall be at destination unless
<br />otherwise provided. For Contractor-installed products, the date of acceptance is the date the
<br />Customer accepts the product as installed and in good working order, as determined by any
<br />appropriate acceptance testing, and the Customer shall certify in writing to the Contractor when
<br />the product is accepted (if training or other post-installation services are included in the purchase
<br />order, the acceptance shall be conditional). For Customer-installed products, the date of
<br />acceptance shall be the delivery date. Until acceptance, risk of loss or damage shall remain with
<br />the Contractor. The Contractor shall be responsible for filing, processing, and collecting all
<br />damage claims. To assist the Contractor with damage claims, the Customer shall: record any
<br />evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damage
<br />to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of
<br />Lading and damage inspection report. When a Customer rejects a product, Contractor shall
<br />remove it from the premises within ten days after notification of rejection. Upon rejection
<br />notification, the risk of loss of rejected or non-conforming product shall remain with the
<br />Contractor. Rejected product not removed by the Contractor within ten days shall be deemed
<br />abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own
<br />property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or
<br />effecting removal or disposition of rejected product.
<br />
<br />3.22 Title to Deliverables: For purposes of this section, a "product" is any deliverable furnished
<br />under the Contract, including but not limited to (1) components of the hardware environment, (2)
<br />printed materials, (3) third-party software, (4) programs and programming modifications,
<br />customizations, tools, data, modules, and components, and (5) any tangible or intangible
<br />properties embedded therein. A product is "existing" if it is a tangible or intangible licensed
<br />product that exists before Contract work begins (the Contractor shall bear the burden of proving
<br />that a product existed before work began). A product is "custom" if it is any product,
<br />preliminary or final, that is created under the Contract for the Customer by the Contractor or its
<br />employees, subcontractors, or agents.
<br />
<br />For existing hardware products, title to a hardware product shall pass to Customer upon
<br />written acceptance. For existing software products, that are norn1ally commercially distributed
<br />on a license basis by the Contractor or other independent software proprietary owner (ISPO),
<br />whether or not embedded in, delivered, or operating in conjunction with hardware or a custom
<br />product, title shall remain with the Contractor or ISPO. Effective upon acceptance, such product
<br />shall be licensed to the Customer in accordance with the Contractor or ISPO's standard licensed
<br />agreement, provided, however, that the license agreement shall, at a minimum, (I) grant the
<br />
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