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Consulting Services Agreement between City of San Leandro and 12/18/2017 <br />ConvergeOne, Inc. for Cisco Firewall Upgrade Project Exhibit A – Page 4 of 16 <br />Product. If City cancels a product order, all product must be returned in resalable condition <br />which means it is undamaged, factory sealed in the original manufacturers’ packaging, and <br />is complete with all manuals, cables, etc. Prior to returning the product, City must request <br />a Return Material Authorization (“RMA’”) through Consultant’s customer service <br />department. City is responsible for shipping the product(s) back to Consultant. If after <br />receiving and inspecting the product, Consultant finds it meets the requirements above, <br />Consultant will credit City account the applicable value of the returned product less a <br />restocking fee of fifteen percent (15%). Restocking fee shall not be charged if product was <br />deficient and not in proper working order. If Consultant determines that the product is not <br />resalable, Consultant will send the product back to City and no credit will apply. If product <br />is sub-standard and not in proper working order, Consultant shall keep product and credit <br />the City for the deficient product. Licenses and all other special order items are non- <br />returnable. <br />Services. City agrees to pay for time and material services rendered up to and through the <br />effective date of cancellation as per section 8.1. City may terminate installation, <br />implementation and/or professional services upon ten (10) days advance written <br />notification sent to Consultant’s address in section 10.10 and payment of the fees specified <br />in Exhibit B for such service(s) up to and through the effective date of termination plus all <br />non-refundable out-of-pocket expenses. <br />Maintenance. If City purchases Maintenance Services, the termination charge to cancel <br />the order before the term is over is an amount equal to the payments for the remaining <br />term, therefore City would not be entitled to a refund of any pre-paid amounts. <br />2.7 Authorization to Perform Services. The Consultant 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 />Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant 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 Consultant only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. Consultant shall make a written <br />request to City to use facilities or equipment not otherwise listed herein. <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 />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;