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PART II <br />ACQUISITION OF INTEGRATED PUBLIC SAFETY SYSTEM <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 and <br />software specified in the Project Deliverables shall remain <br />with the Contractor until delivered, unpacked, uncrated and <br />installed at the City sites. <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 />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 />2.4 Proprietary Rights in Hardware and Manufacturer's Software. <br />2.4.1 Definitions. For purposes of this Agreement, the <br />following capitalized terms shall be defined as <br />set forth herein: <br />(a) "Aa-Built Specifications" shall mean, with <br />respect to any of the Abbey Group <br />Applications, the specifications for such <br />Abbey Group Application(s) delivered to the <br />City upon the City's acceptance of such Abbey <br />Group Application in accordance with the <br />Statement of Work. <br />(b) "As-Built Documentation" shall mean, with <br />respect to any Abbey Group Application, those <br />printed instructions, manuals, and diagrams <br />pertaining to and furnished with such Abbey <br />Group Application which reflect the changes <br />made to the application that are specific to <br />the City of Santa Ana. <br />(c) "Error" shall mean, with respect to any Abbey <br />Group Application, a defect in the Abbey <br />Group Application that prevents such Abbey <br />Group Application from functioning in <br />accordance with the published specifications <br />pertaining thereto. <br />Primary Agreement Page 4 <br />