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<br />3.50 Warranty of Authority: Each person signing the Contract warrants that he or she is duly <br />authorized to do so and to bind the respective party to the Contract. <br /> <br />3.51 Warranty of Ability to Perform: The Contractor shall provide the Department, no later <br />than the time the Contractor returns a signed copy of the Contract, with proof of a Certificate of <br />Status from the Secretary of State, Division of Corporations, demonstrating that the Contractor is <br />in good standing and legally authorized to transact business in Florida. Failure to submit this <br />documentation shall be sufficient grounds for withholding payment under the Contract and cause <br />for termination. The Contractor warrants that, to the best of its knowledge, there is no pending <br />or threatened action, proceeding, or investigation, or any other legal or financial condition, that <br />would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract <br />obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted <br />vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list <br />maintained by any other state or the federal government. The Contractor shall immediately <br />notify the Department in writing if its ability to perform is compromised in any manner during <br />the tern1 of the Contract. <br /> <br />3.52 Year 2000 Compliance Warranty: All products furnished under the Contract shall be <br />Year 2000 compliant, that is, able to accurately process date data from, into, and between the <br />twentieth and twenty-first centuries, including leap year calculations. Resellers may provide a <br />"pass through warranty" from the manufacturer/software developer, which meets all the warranty <br />requirements specified by the State, and which shall include all other warranties provided by the <br />manufacturer or software developer. Reseller shall be responsible for warranty assurance, <br />assistance, enforcement and any other actions or remediation, required to satisfy warranty <br />requirements. <br /> <br />3.53 Warranty of No Hardstop/Passive License Monitorine:: Unless a Customer is <br />specifically and conspicuously advised to the contrary in writing at the time of order and before <br />product acceptance, the Contractor hereby warrants and represents that the product and upgrades <br />do not and will not contain any computer code that would disable the product or upgrades or <br />impair in any way operation based on the elapsing of time, exceeding an authorized number of <br />copies, advancement to a particular date or other numeral, or other similar self-destruct <br />mechanisms (sometimes called "time bombs," "time locks," or "drop dead" devices) or that <br />would permit the Contractor to access the product to cause such disablement or impairment <br />(sometimes call'ed a "trap door" device). The Contractor agrees that upon an alleged breach of <br />this provision, the Customer shall not have an adequate remedy at law, including monetary <br />damages, and that the Customer shall be entitled to seek a temporary restraining order, <br />injunction, or other form of equitable relief against the continuance of such breach, in addition to <br />any other remedies to which the Customer shall be entitled. <br /> <br />3.54 Notice: All notices required under the Contract shall be delivered by certified mail, return <br />receipt requested, by reputable air courier service, or by personal delivery. Notices to the <br />Department shall be delivered to the Contract Specialist identified in the Instructions to Bidders. <br />Notices to the Contractor shall be delivered to the person who signs the Contract. Either <br />designated recipient may notify the other, in writing, if someone else is designated to receive <br />notice. <br /> <br />,-, r, i 'j) <br />0.!) II /')j <br />