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below, the product is provided as is. The warranty period for time and materials, <br />implementation, installation and/or professional services deliverables will be thirty (30) <br />days from the date on which Contractor informs City that the work is functionally complete. <br />If City purchased full service Smart Net Maintenance Service at the time of the original <br />sale, then labor will be provided at no extra charge during the contract period, otherwise <br />Contractor then current labor charges will apply. <br /> <br />1.7 City’s Responsibility. City is responsible for the manner in which it uses the products <br />and services provided pursuant to this Agreement, including the maintenance and security <br />of City facilities; choice of equipment; software; related services; and all other matters <br />related to how City uses such products and services. In the event that the products <br />contain manufacturer’s software, City shall not resell the software or provide access to the <br />software either directly or indirectly to third parties unless authorized to do so in an order <br />from Contractor. City will provide Contractor with all necessary access to the equipment <br />and facilities subject to City’s normal security policies and pursuant to this Agreement. <br />City will allow Contractor technicians to conduct a comprehensive operation and <br />performance evaluation of any equipment provided, installed, serviced, or maintained by a <br />vendor other than Contractor. During evaluation, City will make all equipment and services <br />intended for use with the products and services available to Contractor technicians, <br />including computers, auxiliary audio and video sources, and all network and <br />telecommunications services (ex: LAN, IP and ISDN). <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed <br />$145,000.00, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for <br />services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict <br />between this Agreement and Contractor’s proposal, attached as Exhibit B, regarding the amount of <br />compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this <br />Agreement at the time and in the manner set forth herein. The payments specified below shall be the only <br />payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall <br />submit all invoices to City in the manner specified herein. Except as specifically authorized by City in <br />writing, Contractor shall not bill City for duplicate services performed by more than one person. <br /> <br />Contractor and City acknowledge and agree that compensation paid by City to Contractor under this <br />Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br /> <br /> <br /> <br />2.1 Invoices. City agrees to pay an amount equal to fifty percent (50%) of the total charge for <br />product, and fifty percent (50%) of total charge for services upon execution of this <br />Agreement. The remaining balance of product charges, shipping, plus applicable taxes, is <br />due upon delivery of the product pursuant to this Agreement. The remaining balance of