PADCOM, INC. 1 - 2004 - Laserfiche WebLink

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Exhibit A. The warranties as stated herein are exclusive of software licensed under this Agreement and as noted in Exhibit A which is a continuation of a previous license, such software is covered under maintenance and is excluded ftom any warranty. Vendor shall make a reasonable determination of the damage to the product by requesting the product to be sent, at City expense, to Vendor for evaluation. Following evaluation the product shall be returned to City at Vendor's expense. This warranty provides specific legal rights, however more rights may be available under California law. 18. DELIVERY All transportation and delivery charges shall be prepaid by Vendor. Failure of Vendor to deliver all of the products identified in Section 1.0 within the timeftames specified herein will, in CITY's discretion, allow cancellation of this Agreement. Ifthe Agreement is canceled for Vendor's failure to deliver all of the products identified in Section 1.0 of this Agreement, CITY shall, at Vendor's expense, return all products that have been provided to the CITY under the terms ofthis Agreement. Alternatively, in the event CITY does not desire to cancel the Agreement for late delivery, Vendor may be assessed a late delivery assessment for any delay in delivery (except those beyond the Vendor's reasonable control) beyond the agreed upon date in an amount equal to the expenses incurred by the CITY due to the delay; including but not limited to expenses such as rental oflike equipment to fulfill the need while awaiting late delivery, added cost of manpower or other resources, or other costs as can be shown to have resulted ftom delaying receipt of the ordered goods. The penalty will be deducted from the amount due to Vendor under this Agreement, but this penalty will not exceed 15% of the contract total. Destination for delivery shall be: City of Santa Ana Police Department 60 Civic Center Plaza (M-97) Santa Ana, California 92702 19. INSPECTION Unless otherwise stipulated, goods purchased will be inspected at the CITY's receiving points and there accepted or rejected. The expense of subsequent tests due to failure of goods first offered will be charged against Vendor. 20. DEFAULT In case of default by the Vendor of any of the conditions of this Agreement, Vendor agrees that the CITY may procure the articles or services (not applicable to any hardware manufactured by Vendor) ftom other sources and may deduct ftom the unpaid balance due Vendor or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. 7