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C. ELECTRONICS INDUSTRIES agrees to provide software updates, as they are <br />developed, during the first year following the delivery of the RANGE 2000 <br />SIMULATOR at ELECTRONICS INDUSTRIES' expense. If the software <br />updates require physical modifications to the RANGE 2000 SIMULATOR, <br />ELECTRONICS INDUSTRIES agrees to provide, in a timely manner, such <br />physical modification. <br />3. COMPENSATION <br />ELECTRONICS INDUSTRIES agrees to sell the RANGE 2000 SIMULATOR to the <br />CITY for $74,500.00, This sum includes the RANGE 2000 SIMULATOR as described <br />in attachment 'A" hereto. This sum also includes the training to be provided by <br />ELECTRONICS INDUSTRIES to CITY employees and any software upgrades <br />developed within one year of the delivery date. It is mutually agreed between the <br />parties thereto that the sums to be paid by the CITY for the products and services <br />provided by ELECTRONICS INDUSTRIES to CITY shall be payable 2%/10, Net 60, <br />after ELECTRONICS INDUSTRIES's invoice detailing work satisfactorily performed. <br />A. Taxes <br />The sales price of the RANGE 2000 SIMULATOR does not include sales <br />and/or use taxes. All such sales and/or use taxes paid by ELECTRONICS <br />INDUSTRIES shall be reimbursed by the CITY and shall be due and payable <br />to ELECTRONICS INDUSTRIES on the same terms as the purchase price. <br />4. TITLE, RISK OF LOSS AND SHIPMENT <br />Neither legal nor equitable title on the RANGE 2000 SIMULATOR, shall pass to <br />CITY until payment in full for the same has been received by ELECTRONICS <br />INDUSTRIES. Until such payment in full has been made, CITY shall hold any goods as <br />bailee for ELECTRONICS INDUSTRIES. Risk in any goods shall pass to CITY upon <br />undamaged delivery of such goods to the City of Santa Ana Police Department. <br />ELECTRONICS INDUSTRIES shall be responsible for shipping charges. Buyer shall <br />be responsible for the full replacement value of the RANGE 2000 SIMULATOR and its <br />related equipment between the delivery and the passing of title to the CITY. <br />A. Acceptance of Delivery by City <br />CITY shall not accept delivery of goods which evidence damage in transit. If <br />CITY refuses to accept goods which appear to have been damaged in transit, <br />CITY shall immediately inform ELECTRONICS INDUSTRIES of the observed <br />damage as well as the person attempting delivery. <br />5. CANCELLATION <br />CITY agrees that ELECTRONICS INDUSTRIES shall not be liable for any delay in <br />delivering the RANGE 2000 SIMULATOR due to any cause beyond its control. Such <br />Page 2 of 7 <br />