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8L Consent 2016 0606
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8L Consent 2016 0606
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Last modified
6/5/2019 9:38:37 AM
Creation date
6/2/2016 10:22:33 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/6/2016
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PERM
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_CC Agenda 2016 0606 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0606
Reso 2016-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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EXHIBIT F <br />Maintenance and Warranty of Installation <br />A. Consultant warrants that the installation shall be free from all significant defects in materials and <br />workmanship and all significant defects due to design fora period ("Warranty Period") commencing <br />with City's acceptance of all the Installation and ending Three Hundred and Sixty (360) days later. <br />Within the warranty period, Consultant agrees to repair or replace upon City's written request any <br />such defects at no charge to City for all parts and labor. <br />B. Consultant shall provide a technical manual, a listing and description of standard commercially <br />available parts which are incorporated into the Exhibits and written maintenance instructions to be <br />reviewed with City at the time of installation. No additional proprietary drawings or original designs <br />shall be required of the Consultant. <br />C. After Warranty Period, Consultant agrees to repair the Installation at City's request and expense, or <br />to sell (subject to availability) to City, parts and specialty items for which Consultant is a producer, <br />so that City may maintain and repair the Installation. <br />D. Normal wear and tear, acts of vandalism, or damage caused by mishandling, accidental or <br />otherwise, or lack of proper maintenance of the Installation by the City is not covered by <br />Consultant's warranty, and Consultant shall have no duty to remedy any defects caused by such <br />normal wear and tear, vandalism, mishandling or lack of proper maintenance. <br />E. The foregoing constitutes the Consultant's complete warranty, implied or expressed, and no other <br />warranties are made by Consultant. <br />F. City agrees to perform routine maintenance and cleaning of the Installation during the Warranty <br />Period consistent with the technical manual provided to City by Consultant. City agrees to notify <br />Consultant in writing prior to performing any repair, modification or adjustments beyond routine <br />maintenance as specified in the technical manual provided by Consultant. <br />G. Except as provided below, any work created or performed by City hereunder, whether created by <br />City alone or in collaboration with others, shall be wholly original with City and shall not infringe <br />upon or violate any rights of any third party, including without limitation any rights of privacy, <br />publicity, or copyrights, and shall not constitute a libel or slander of any person or entity; <br />H. City possesses all licenses and permits required for the performance of all services under this <br />Agreement, and that such licenses and permits are in full force and effect and shall remain so. <br />Consulting Services Agreement between October 1, 2015 <br />City of San Leandro and Exploratorium—Exhibit F Page 1 of 1 <br />
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