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Annual Updates for Software and Optional Software Plug-ins (LSAP) <br />ECS Imaging, Inc. will bill the City for annual updates for software and optional plug-ins upon <br />completion of the successful installation and implementation of the system and after a sixty (60) <br />day system acceptance test, as specified in Exhibit A. <br />Final Payment <br />Ten percent (10%) of the total sum due pursuant to this Agreement will be retained by the City <br />and will be released after successful performance of the acceptance test. City will exercise all <br />functions of the system to ensure it meets all requirements as stated in this contract. Consultant <br />will repair or replace any problem components within the agreed-upon timeframe, as specified in <br />Exhibit A: Acceptance Test/Successful Installation. The City's acceptance will be transmitted in <br />writing. If the acceptance test is not successfully completed, City will have the option to return <br />all equipment and software, and Consultant will refund any monies paid. <br />Warranty and Commitments <br />The delivered hardware and software products are warranted by the manufacturers and <br />developers. Manufacturers and developers are accountable for the performance of their products. <br />Consultant makes no claims, other than those explicitly stated in documents provided by the <br />manufacturers and developers. <br />If the City subscribes to the Consultant's onsite support and maintenance plan, Consultant will <br />service the products provided: <br />A. The system environment has not been changed in such a way that adversely effects the <br />performance of the system; <br />B. No changes have been made to the application software and/or databases that would directly <br />affect the system configuration created by the Consultant; <br />C. City backs up the data regularly. This will assist in the recovery of the system data. If there <br />is a system failure, Consultant shall assist in the recovery of the data. However, Consultant <br />cannot be responsible for lost data. City shall assist in the prompt return of any defective <br />parts to the manufacturer for replacement. <br />Consultant's Responsibilities <br />The responsibility of Consultant, if any, for any defective product will be limited to the actual <br />price said for such product and the cost of reverting the City's images back to the City's current <br />OTG/Legato format. <br />Consulting Services Agreement between May 3, 2004 <br />City of San Leandro and ECS Imaging, Inc. Page 18 of 19 <br />