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causes include, but are not limited to, strikes, acts of God, lot failure, acts of CITY, <br />interruptions of transportation or inability to obtain necessary labor, materials, or <br />facilities. In the event of such delays, ELECTRONICS INDUSTRIES shall immediately <br />inform CITY of the expected delay and provide CITY with an expected date of delivery. <br />Nothing in this paragraph prevents the CITY from canceling their order for the RANGE <br />2000 SIMULATOR based on the failure of ELECTRONICS INDUSTRIES to meet their <br />initial delivery date. <br />6. WARRANTY <br />ELECTRONICS INDUSTRIES shall be responsible for the repair or replacement of <br />defective RANGE 2000 SIMULATOR and/or related equipment for a period of one-year <br />from the date of receipt by the CITY. Should repair or replacement be needed, CITY <br />shall notify, both verbally and by facsimile, ELECTRONICS INDUSTRIES of the need <br />for repair. CITY shall be responsible for the costs of shipping the defective equipment <br />to ELECTRONICS INDUSTRIES. Once a piece of defective equipment is received by <br />ELECTRONICS INDUSTRIES, ELECTRONICS INDUSTRIES shall, if the equipment <br />cannot be repaired within 72 hours, immediately ship a temporary replacement for the <br />defective equipment to CITY, at ELECTRONICS INDUSTRIES's expense. Upon the <br />repair or ELECTRONICS INDUSTRIES's decision to replace the defective equipment, <br />ELECTRONICS INDUSTRIES shall provide such replacement equipment to the CITY <br />prior to the return of the temporary replacement. All shipping charges other than the <br />original shipment of the defective equipment shall be at the expense of ELECTRONICS <br />INDUSTRIES. <br />A. ELECTRONICS INDUSTRIES is not responsible for the repair of the RANGE <br />2000 SIMULATOR or related equipment that is not defective in its design, <br />construction or implementation. Damage caused by the CITY, whether <br />intentional or unintentional, shall not be covered by this warranty. <br />7. INDEMNIFICATION <br />A. ELECTRONICS INDUSTRIES shall indemnify, defend and save CITY <br />harmless from and against any and all claims for damages, including bodily <br />injury and property damage, arising from use of the RANGE 2000 <br />SIMULATOR that result from defects in the RANGE 2000 SIMULATOR. <br />& ELECTRONICS INDUSTRIES shall indemnify, defend and save CITY <br />harmless from and against any and all claims made by ELECTRONICS <br />INDUSTRIES trainers, whether ELECTRONICS INDUSTRIES' employees or <br />independent contractors employed by ELECTRONICS INDUSTRIES, who are <br />injured as a result of the set-up, operation, training or use of the RANGE 2000 <br />SIMULATOR in the training given to CITY employees. <br />C. CITY shall indemnify, defend and save ELECTRONICS INDUSTRIES <br />harmless from and against any and all claims for damages, including <br />bodily injury and property damages, arising from the use of the RANGE <br />2000 SIMULATOR that is not related to defects in the equipment. <br />Page 3 of 7 <br />