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Last modified
9/5/2024 9:02:17 AM
Creation date
9/4/2024 2:54:00 PM
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Contracts
Company Name
GEOGRAPHIC SOLUTIONS
Contract #
A-2002-016
Agency
Community Development
Council Approval Date
2/19/2002
Destruction Year
2007
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continue to use the PROGRAM, or to modify or replace it. If GEOGRAPHIC SOLUTIONS <br />determines that none of these alternatives is reasonably available, SUBSCRIBER agrees to <br />return the PROGRAM on GEOGRAPHIC SOLUTIONS' written request, and SUBSCRIBER <br />will then receive a credit equal to the net book value for the PROGRAM determined in <br />accordance with generally accepted accounting principles. However, GEOGRAPHIC <br />SOLUTIONS has no obligation for any claim based on modification by SUBSCRIBER of the <br />PROGRAM or its combination, operation, or use with any product, data, or apparatus not <br />specified or provided by GEOGRAPHIC SOLUTIONS, provided that such claim solely and <br />necessarily is based on such combination, operation, or use and such claim would be avoided <br />by combination, operation, or use with products, data, or apparatus specified or provided by <br />GEOGRAPHIC SOLUTIONS. THIS PARAGRAPH STATES GEOGRAPHIC <br />SOLUTIONS' ENTIRE OBLIGATION TO SUBSCRIBER WITH RESPECT TO ANY <br />CLAIM OF INFRINGEMENT. <br />10.6 SURVIVAL OF OBLIGATIONS. SUBSCRIBER's obligations under this Section <br />shall survive termination of this Agreement. <br />11. LIMITED WARRANTY. <br />GEOGRAPHIC SOLUTIONS warrants, for SUBSCRIBER's benefit alone, that for the <br />SUBSCRIPTION TERM, as defined in Section 2, the PROGRAM shall operate substantially in <br />accordance with its functional specifications. During the SUBSCRIPTION TERM, if any <br />reproducible ERROR in the PROGRAM appears, for which GEOGRAPHIC SOLUTIONS is <br />responsible, GEOGRAPHIC SOLUTIONS shall employ prompt, commercially reasonable <br />efforts to correct or cure such ERROR at no additional charge to SUBSCRIBER. However, <br />GEOGRAPHIC SOLUTIONS shall not be obligated to correct, cure, or otherwise remedy any <br />ERROR in the PROGRAM if (1) SUBSCRIBER has performed any maintenance or <br />modifications to the PROGRAM without GEOGRAPHIC SOLUTIONS' express written <br />authorization; (2) PROGRAM has been misused or damaged in any respect; or (3) <br />GEOGRAPHIC SOLUTIONS has not been notified, in writing of the existence and nature of <br />such ERROR promptly upon its discovery. <br />GEOGRAPHIC SOLUTIONS warrants that the PROGRAM is currently compliant with year <br />2000 logic. The term "Year 2000 Logic" means that the software system shall not end <br />abnormally or give incorrect results during operation prior to, during or after the year 2000 as a <br />result of processing, storing or displaying date information contained in the system. <br />GEOGRAPHIC SOLUTIONS is not responsible for obsolescence of the PROGRAM that may <br />result from changes in SUBSCRIBER's requirements. The foregoing warranty shall apply only to <br />the most current version of the PROGRAM issued by GEOGRAPHIC SOLUTIONS. <br />GEOGRAPHIC SOLUTIONS assumes no responsibility for the use of superseded, outdated, or <br />uncorrected versions of the PROGRAM. <br />EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, GEOGRAPHIC <br />SOLUTIONS SPECIFICALLY DISCLAIMS ANY AND ALL PROMISES, <br />REPRESENTATIONS, AND WARRANTIES, EXPRESSOR IMPLIED, WITH <br />RESPECT TO THE PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY <br />TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY <br />LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND SPECIFICALLY <br />DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS <br />Geographic Solutions Virtual One Stop Subsolption Page 7 <br />
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