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a Return Material Authorization (“RMA’”) through Contractor’s customer service <br />department. City is responsible for shipping the product(s) back to Contractor. If after <br />receiving and inspecting the product, Contractor finds it meets the requirements above, <br />Contractor will credit City account the applicable value of the returned product less a <br />restocking fee of fifteen percent (15%). If Contractor determines that the product is not <br />resalable, Contractor will send the product back to City and no credit will apply. Licenses <br />and all other special order items are non-returnable. <br /> Services. City agrees to pay for time and material services rendered up to and through the <br />effective date of cancellation. City may terminate installation, implementation and/or <br />professional services upon written notification and payment of the fees specified in Exhibit <br />B for such service(s) up to and through the effective date of termination plus all non- <br />refundable out-of-pocket expenses. <br />Maintenance. If City purchases Smart Net Maintenance Services or Dedicated Technician <br />Services, the termination charge to cancel before the term is over is an amount equal to <br />one year’s fee or payment for the remaining term, whichever is less. <br /> <br />2.7 Authorization to Perform Services. The Contractor is not authorized to perform any <br />services or incur any costs whatsoever under the terms of this Agreement until receipt of <br />authorization from the Contract Administrator. <br /> <br /> <br /> <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. City shall make available to Contractor only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. Contractor shall make a written <br />request to City to use facilities or equipment not otherwise listed herein. <br /> <br />3.1 Safety Requirements. In accordance with generally accepted construction practices and <br />state law, Contractor shall be solely and completely responsible for conditions on the <br />jobsite, including safety of all persons and property during performance of the work. This <br />requirement shall apply continuously and not be limited to normal working hours. <br /> <br />Contractor shall take all necessary precautions and provide all necessary safeguards to <br />prevent personal injury and property damage. Contractor shall provide protection for all <br />persons including, but not limited to, its employees and employees of its subcontractors; <br />members of the public; and employees, agents, and representatives of the City and <br />regulatory agencies that may be on or about the work. <br /> <br />The services of the City in conducting review and inspection of Contractor's performance is <br />not intended to include review of the adequacy of Contractor's work methods, equipment, <br />bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. <br /> <br />All work and materials shall be in strict accordance with all applicable state, city, county, <br />and federal rules, regulations and codes, with specific attention to the United States