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<br />Equipment shall be prorated for the remaining term of this <br />Contract, and, if prepaid, refunded to Customer. <br />(h) At IT Services' option, warranty and warranty upgrade parts <br />and services may be withheld if a maintenance provider not <br />certified by the OEM hardware vendor maintains or otherwise <br />services a system under warranty or service contract by IT <br />Services. <br />(i) Repair or replacement ofa monitor due to damage caused by <br />a burned in screen image. <br /> <br />Support services are limited to specific products as shown on the <br />Quote/Contract. <br /> <br />Software support for the following may be available under separate <br />Contract at an additional charge: <br /> <br />(a) System On Site Installation hardware/software <br />(b) Network configuration support for third party products not <br />sold to the Customer by IT Services <br />(c) System Tuning and Optimization <br /> <br />9. CUSTOMER RESPONSIBILITY <br /> <br />On or before the Contract start date, Customer will provide IT <br />Services with the valid vendor, model, warranty status, and serial <br />numbers of all hardware systems and monitors listed on the <br />Quote/Contract. <br /> <br />Customer warrants that all prerequisite operating system software <br />licenses are valid and available as necessary to operate the systems. <br /> <br />Services provided herein must be utilized only for the quantity of <br />hardware and companion operating system licenses listed on the <br />Quote/Contract. <br /> <br />IN WITNESS WHEREOF, the parties hereto <br />have executed this Agreement the date and <br />year first above written. <br /> <br />/ <br />ATIESt,;;. .:::/1 <br />f ~ ::;;r;~J::~~{-C<:. ',- C~ ""i) <br />PATRICIAE. HEALY <br />Clerk of the Council <br /> <br />APPROVED AS TO FORM: <br /> <br />JOSEPH W, FLETCHER <br />City Attorney <br />By: I~' <br />1'1 <br />I I <br /> <br />Michael Vigliotta <br />Deputy City Attorney <br /> <br /> <br /> <br />PROV AL: <br /> <br />s G. oss <br />cutive Director of the Public Works Agency <br /> <br />10. ACCESS TO EQUIPMENT <br /> <br />IT Services shall have full and free access to the Equipment for <br />both planned and remedial maintenance services subject to the <br />Customer's security requirements. IT Services shall have access to <br />and the use of any machines, attachments, features, or other <br />Equipment necessary to provide the maintenance services at no <br />charge to IT Services. Failure by the Customer to grant IT <br />Services employees and/or agents access to the Equipment in <br />accordance with this Section will result in the following: <br />(a) Planned maintenance service will be deemed to have been <br />accomplished. <br />(b) Excess on-call maintenance expense will be charged (portal- <br />to-portal) to the Customer at the then-prevailing IT Services <br />rates. <br /> <br />11. NON-SOLICITATION OF EMPLOYEES <br /> <br />Customer agrees that it will not, without the prior written consent <br />of IT Services, solicit or hire any IT Services employee, or induce <br />such employee to leave IT Services' employment, directly or <br />indirectly, for a period of twelve (12) months after the expiration <br />of this Contract. <br /> <br />12. MISCELLANEOUS <br /> <br />This Contract and all rights hereunder are not assignable. <br />However, a successor in interest by merger, consolidation, <br />operation oflaw, assignment, purchase, or otherwise, of the <br />business of IT Services or Customer, shall assume all rights and <br />obligations hereunder. <br /> <br />DDCCMVS04OO-<<l2 <br /> <br /> <br />TA~" :, <br />/jl./7 <br />L~k._",. (/1 ~"~.,.-._-_ <br />DAVID N. REAM <br />City Manager <br /> <br />INTERGRAPH CORPORATION: <br /> <br />C~ <br />I<< r-> Kenneth <br />TI Contracts Manager <br /> <br />K::!v;:J:nPltlgh <br /> <br />Employer ID# or Individual SS# <br /> <br />63-0573222 <br />