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taxes shall be provided by the City in writing, The City indemnifies IPS against any claim for payment of any <br />such taxes. <br />6. Risk and Title. <br />6.1. IPS shall bear risk of loss of the Equipment, including any damage sustained during transportation to the <br />delivery site. IPS will not perform any field installation or maintenance. City will ship meters to IPS for <br />services, IPS will perform the work, and then IPS will send the meters back tothe City. Riskin the Equipment <br />shall pass to City upon delivery back to the City after the work is completed by IPS, Transfer of title to <br />Equipment shall only pass to City upon full payment forthe Equipment. <br />7. Warranties, <br />7.1. IPS shall provide a limited 12-month warranty on the Equipment as described In Attachment B, IPS Limited <br />Warranty. Extended warranties are available for an additional fee. <br />7.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM PST. <br />IPS can provide on -site services at the Clty's request. Lead times and costs for such services will be provided <br />at the time of the request. IPS shall ensure the availability of current manuals and shall provide all manuals <br />for any future upgraded or new services to the City. <br />7.3. Wireless Coverage & Longevity: IPS does not operate a mobile wireless network, but relies on third party <br />carriers for this service. City agrees that it is not a 3`d party beneficiary from any agreements between IPS <br />and its carrier partners, and as there is no direct contract between the City and the carrier for this <br />agreement, the wireless carrier shall have no liability of any kind created by this Agreement. Carriers from <br />time to time may change coverage areas, wireless technology platforms or make other network changes <br />that are not within the control of IPS. During the term of this contract, IPS shall provide the Citythe ability <br />to upgrade or change carriers as needed at the prices contained herein or at such prices as may be agreed. <br />Any such change or upgrades shall be at the sole cost and discretion of the City. <br />7.4. IPS warrants that the software Services will substantially conform to the applicable scope of work. IPS <br />does not warrant that the software Services will operate uninterrupted or error -free, IPS will use <br />commercially reasonable efforts to deliver to the City software Services free from any viruses, programs, <br />or programming devices designed to modify, delete, damage or disable the software Services or City data. <br />7.5. City warrantsthat it shall not share usernames or passwords to allow any V party, including but not limited <br />to consultants, agents, or any other individuals, to gain access to Equipment and Services of any kind <br />without the written permission of IPS. City further agrees to not do anything that could potentially <br />compromise the security of IPS Equipment and Services or use IPS Equipment and Services in any manner <br />which could violate local, provincial, state or federal law. <br />7.6. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE <br />WARRANTIES. IPS AND ITS 3ao PARTY SUPPLIERS PROVIDE SOFTWARE SERVICES "AS IS". THE EXTENT OF <br />IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE <br />EQUIPMENT OR DEFECTIVE SOFTWARE SERVICE. IPS DOES NOT PROVIDE ANY WARRANTY OF ANY KIND <br />WITH REGARDS TO 3A0 PARTY EQUIPMENT, WIRELESS COVERAGE OR SOFTWARE SERVICES, WHETHER <br />SUPPLIER IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE. IPS AND ITS 3Rtl PARTY SUPPLIERS <br />AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS <br />