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<br />\... <br /> <br />PART II <br />ACQUISITION OF INTEGRATED PUBLIC SAFETY SYSTEM <br /> <br />2.1 Order and Delivery. All hardware and software specified in <br />the Project Deliverables shall be delivered by the <br />Contractor in time to comply with the requirements of the <br />Project Schedule. The risk of loss to the hardware <br />specified in the Project Deliverables shall remain with the <br />Contractor until delivered, unpacked, uncrated and installed <br />all hardware and software specified in the Project <br />Deliverables at the City sites. <br /> <br />2.2 Equipment Condition and Availability. Equipment specified <br />as provided by the Contractor must be furnished as new, <br />still in production and in a condition which enables <br />manufacturer warranties to be valid. <br /> <br />2.3 Acceptance. The City's acceptance of each component of the <br />System shall be as set forth in the Statement of Work. <br /> <br />2.4 Proprietary Riqhts in Hardware and Manufacturer's Software. <br /> <br />2.4.1 <br /> <br />Definitions. For purposes of this Agreement, the <br />following capitalized terms shall be defined as <br />set forth herein: <br /> <br />\... <br /> <br />(a) ~As-Built Specifications" shall mean, with <br />respect to any of the Positron Applications, <br />the specifications for such Positron <br />Application(s) delivered to the City upon the <br />City's acceptance of such Positron <br />Application in accordance with the Statement <br />of Work. <br /> <br />(b) ~Documentation" shall mean, with respect to <br />any Positron Application, those printed <br />instructions, manuals, and diagrams <br />pertaining to and furnished with such <br />Positron Application. <br /> <br />(c) ~Error" shall mean, with respect to any <br />Positron Application, a defect in the <br />Positron Application that prevents such <br />Positron Application from functioning in <br />accordance with the published specifications <br />pertaining thereto. <br /> <br />\... <br /> <br />(d) ~Maintenance Modifications" shall mean, with <br />respect to any Positron Application, a <br />computer software change to correct an Er or <br />in, and integrated into, such Positron <br />Application, but that does not alter the <br />functionality of such Positron Application <br />and that is provided to the City after the <br /> <br /> <br />Primary Agreement <br /> <br />Page 4 <br />