Reso 2011-1725 - Laserfiche WebLink

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cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 12.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 12.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 13. CHANGE ORDERS 13.1 Changes in the quantity or character of Services or to the contract amount shall be authorized only by change orders approved in advance and issued in accordance with the provisions of this Agreement. 13.2 All changes to the Services or the construction schedule must be pre-approved in writing by the City Manager or his designee in accordance with the value of the change order or the calculated value of the time extension. All change orders must be pre-approved in writing by the City Manager or his designee. 13.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in the contract amount, the City reserves the right at its sole option to either terminate the Agreement as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or may submit the matter in dispute as set forth in the dispute resolution procedures set forth in this agreement. 13.4 To adjust allowance amounts, Contractor shall base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, Contractor shall also include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. Contractor also agrees to the following conditions: C1011-050 Castle USA Corp. Canopy for Heritage Park Page 6 of 11 '\ , .... 01..)