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• <br />4. RISK OF LOSS AND TITLE <br />Dynix is responsible for all risks of loss or damage to Hardware furnished under this Agreement until <br />delivery is made to the Library. Thereafter the Library will be responsible for risks of loss or damage, <br />except for loss or damage caused by Dynix in the process of installation. <br />The Library will promptly inspect all shipments upon arrival at its premises, immediately provide a <br />written report to Dynix of any loss or damage, and retain any damaged Hardware in the original <br />packaging for inspection by Dynix or its insurers. <br />Title to the Hardware shall pass from Dynix to the Library upon delivery at the Library. <br />WARRANTY <br />A. WARRANTIES <br />1. Dynix warrants that for a period of one year from commencement of live operation, the <br />Licensed Software will operate in all material respects in conformity with the applicable <br />user manuals so long as the Library has incorporated into the Software all releases and <br />corrections to the Software that Dynix has made available to the Library. <br />2 D anlner consistenttw th ndustry standardscreasonably lappli able to thenperforman ell of <br />such services. <br />B. EXCLUSIVE REMEDY <br />If Library believes there has been a breach of a warranty in Section 5A and so notifies Dynix, <br />then Dynix will promptly investigate the matter to determine the nature of the suspected error. If <br />there has been a breach of this warranty, then Dynix's sole obligation and the Library's <br />exclusive remedy will be for Dynix to correct or modify the Software to make it perform as <br />warranted or to re-perform the services. If Dynix is unable, after repeated efforts, to correct a <br />breach of Section 5A, the Library will be entitled to an equitable adjustment in the monies owing <br />under this Agreement, up to the total amount of payments for either the Software or services <br />received over the prior twelve month period, to reflect any reduction in the value of the <br />Licensed Software or services as a result of the uncorrected error. <br />C. NO BREACH OF WARRANTY y (~) <br />Dynix is not responsible for any claimed breach of any warranty aused b : i modification(s) <br />made to the System by anyone other than Dynix; or (ii) the combination, operation or use of the <br />System components with any items not supplied by Dynix to the Library; or (iii) the Library's <br />failure to use any new or corrected versions of the System components made available by Dynix; <br />or (iv) Dynix's adherence to the Library's specifications or instructions. <br />D. NO ADDITIONAL WARRANTIES <br />THE WARRANTIES SET FORTH IN SECTION 5A OF THIS AGREEMENT ARE IN LIEU OF, <br />AND THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM EXTENT PERMITTED <br />gY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, <br />INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE LICENSED <br />SOFTWARE IS ERROR-FREE; AND (ii) ANY AND ALL IMPLIED WARRANDTIE NON- <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, <br />INFRINGEMENT, AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM <br />STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. <br />NO ADVIC ORS OR EMPLOYEES SHALL CRTEATE OR CHANGE ANY WARRANTY LIATES, <br />CONTRA <br />E. THIRD PARTY WARRANTIES <br />Third party products may come with a manufacturer's warranty. Such warranties begin on <br />shipment of the third party products from the manufacturer, whether shipment is to Dynix or to the <br />Library. <br />City of San Leandro -Page 2 <br />CONFIDENTIAL AND PROPRIETARY <br />