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<br />PART I <br />\.,., AGREEMENT FOR ACQUISITION <br /> <br />1.1 Agreement. The Contractor hereby agrees to provide all <br />hardware, software and related services and materials to <br />implement the System as set forth in the Statement of Work <br />attached hereto as Exhibit A and incorporated herein by this <br />reference (the "Statement of Work") and the Project <br />Deliverables attached hereto as Exhibit B and incorporated <br />herein by this reference (the "Project Deliverables"), all <br />upon the terms, conditions and provisions of this Agreement. <br />The City hereby agrees to purchase the hardware, software <br />and related services and materials identified in the <br />Statement of Work and the Project Deliverables, all upon the <br />terms, conditions and provisions of this Agreement. <br /> <br />1.2 System Price. The City shall pay to the Contractor the <br />total amount of $291,964.00 (the "Contract Price") in <br />consideration for the services set forth in the Statement of <br />Work and the hardware, software and other materials <br />specified in the Project Deliverables, which amount is <br />payable in accordance with Part IV of this Agreement. The <br />total amount above shall be the maximum price to be paid to <br />Positron by the City, except as that price may be changed in <br />accordance with the Changes Orders and Modifications clauses <br />hereof (5.2 and 7.13.1 respectively). <br /> <br />\." 1.3 FO%m of Agreement. Incorporated in this Agreement by <br />reference are: <br /> <br />Exhibit A - Statement of Work (with attachments) <br />Exhibit B - Project Deliverables <br />Exhibit C - Project Schedule <br />Exhibit D - Milestone Payment Schedule <br />Exhibit E - Positron Software License Agreement <br />Exhibit F - Positron Master Support Agreement <br />Exhibit G - Positron RFP Response <br /> <br />In the event of any conflict or inconsistency among <br />documents related to this Agreement, said conflict or <br />inconsistency shall be resolved by giving precedence to this <br />Agreement, followed by the Statement of Work, followed by <br />the Contractor's RFP Response. <br /> <br />1.4 T~e for Performance Under Agreement. This Agreement shall <br />take effect on the Effective Date after it has been fully <br />executed by duly authorized representatives of both parties. <br />The schedule for the implementation of the System shall be <br />governed by the project schedule attached hereto as Exhi it <br />C and incorporated herein by this reference (the "Project <br />Schedule"). Unless earlier terminated as provided for in <br />~ Section 7.3 hereof, this Agreement will remain in effect <br /> <br /> <br />Primary Agreement <br /> <br />Page 2 <br />