3B Public Hearing 2008 0915 - Laserfiche WebLink

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determination or the basis for such dispute. After receiving such determination notice, Siemens must demonstrate to the City that the Work has proceeded to the milestone indicated in the certified invoice giving rise to the dispute or that any disputed certified invoice is correct. Siemens shall not be entitled to payment of the amount so invoiced and disputed except upon resolution of the dispute in accordance with this subsection. In the event that upon resolution of any such dispute it is determined that Siemens was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, Siemens shall be entitled promptly to receive such disputed amount together with interest at a rate of 12% per annum. WORK BY SIEMENS. 51 Siemens will perform the Work expressly described in this Agreement and in any work release documents or change orders that are issued under this Agreement and signed by both Parties. The Work performed by Siemens shall be conducted in a manner consistent with the Standard of Care. 5.2 Siemens shall perform the Work, Monday through Friday, 7 a.m. to 6 p.m. inclusive, excluding City holidays, unless otherwise agreed herein. The City shall make the Site available in order for Work to proceed in an efficient manner. 5.3 Siemens is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make modifications to any Equipment beyond the Scope set forth in this Agreement. Any City request to change the Scope or the nature of the Work must be in the form of a mutually agreed upon change order, effective only when executed by the Parties. 5.4 Siemens shall be responsible for any portion of the Work performed by any subcontractor of Siemens. Siemens shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of the City or their work or to provide the means, methods or sequence of their work or to stop their work. Siemens' work and/or presence at the Site shall not relieve others of their responsibility to the City or to others. 5.5 Siemens warrants that: (a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the Acceptance Date, the Work installed pursuant to this Agreement will be free from defects in material and workmanship arising from normal use and service; and (b) Work found to be defective shall be replaced with new materials. 5.6 Warranty Limitation. (a) The limited warranties will be void as to, and shall not apply to, any Equipment (i) repaired, altered or improperly installed by any person other than Siemens or its authorized representative; (ii) subjected to unreasonable or improper use or storage, used beyond rated conditions, operated other than per Siemens' or the manufacturer's instructions, WPCP Cogeneration 090808 -Page 11 of b0