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<br />5. <br /> <br />WARRANTY <br /> <br />IES shall repair or replace any defective RANGE 3000 hardware, software and/or related <br />equipment for a period of one-year from the date of receipt and acceptance by City. Should repair <br />or replacement be necessary, City shall notify IES of the problem. The defective equipment shall <br />be shipped as directed by IES. Upon receipt IES will repair the equipment within 72 hours, or <br />immediately ship temporary replacement equipment to City. IfIES detennines to replace the <br />defective equipment, IES shall ship said replacement equipment to City prior to the retum of the <br />temporary replacement equipment. IES shall pay all shipping charges. <br /> <br />Any damage to the RANGE 3000 hardware, software and/or related equipment caused by <br />City shall not be covered by this warranty. <br /> <br />6. <br /> <br />A. <br /> <br />D. <br /> <br />7. <br /> <br />INDEMNIFICATION <br /> <br />IES shall indemnify, defend and save City harmless from and against any and all <br />claims for damages, including bodily injury and property damage arising from <br />defects in the RANGE 3000 hardware/software and/or related equipment. <br /> <br />B. <br /> <br />IES shall indemnify, defend and save City harmless from and against any and all <br />claims made by IES trainers, whether IES employees or independent contractors <br />employed by IES, who are injured as a result of the set-up, operation, training or <br />use of the RANGE 3000 system in the training supplied to City personnel. <br /> <br />C. <br /> <br />City shall indemnify, defend and save IES harmless from and against any and all <br />claims for damages, including bodily injury and property damages, arising from <br />the use of the RANGE 3000 system and not related to defects in the <br />hardware/software and/or related equipment. <br /> <br />Neither party hereto may assert against the other party any claim in connection <br />with this Agreement unless the asserting party has given the other party written <br />notice of the claim within one year after the asserting party first knew or should <br />have known of the facts giving rise to such claim. <br /> <br />INSURANCE <br /> <br />IES shall carry comprehensive general liability (CGL) insurance, with minimum limits of <br />one million dollars ($1,000,000.00). IES shall furnish to City a certificate of insurance indicating <br />that such insurance is in effect. The CGL insurance shall contain the following clauses: <br /> <br />8. <br /> <br />I) "The City of Santa Ana, its officers, employees and agents is added as an <br />additional insured as respects operations of the named insured perfonned under <br />Agreement with the City of Santa Ana." <br />2) "It is agreed that any insurance maintained by the City of Santa Ana shall apply <br />in excess and cont contribute with, insurance provided by this policy." <br /> <br />SOFTWARE LICENSE <br /> <br />City is hereby granted a non-transferable, non-exclusive, fully paid, perpetual license to use <br />any software purchased in conjunction with any system purchased from IES, solely for use by City <br /> <br />20f5 <br />