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PART III <br />WARRANTIES <br />3.1 Contractor Commitments, Warranties and Representations. The <br />Contractor warrants that the TriTech Applications shall, for <br />a period of one year following acceptance, perform in <br />substantial accordance with the Specifications and the RFP <br />response. Upon acceptance of the TriTech solution, TriTech <br />will provide warranty support for a period of one year, <br />without cost to the City. Following the expiration of the <br />warranty period, the City will pay TriTech the applicable <br />support fee, thus commencing the extended support for such <br />TriTech Application. <br />3.1.1 TriTech further represents and warrants that the <br />TriTech Applications, including Updates thereto, <br />shall be Year 2000 Compliant. However, the <br />foregoing warranty is subject to and conditional <br />upon (i) City operating the most current version <br />of the TriTech Application offered to it, (ii) <br />City maintaining in force a current Software <br />Support Agreement for the TriTech Applications and <br />(iii) Year 2000 Compliance of hardware, firmware, <br />software, data and other facilities with which the <br />TriTech Application operates, interfaces or <br />otherwise communicates. TriTech makes no Year 2000 <br />representations or warranties, express or implied, <br />with respect to equipment, Third Party software, <br />or other firmware, software, data or other <br />facilities manufactured, developed and/or provided <br />by third parties. City's sole remedy with respect <br />to the foregoing warranty shall be to receive an <br />Update to the TriTech Application that is Year <br />2000 compliant. <br />3.1.2 TriTech further warrants and represents that the <br />TriTech Application does not contain any "back <br />door", "time bomb", "Trojan horse", "worm", "drop <br />dead device" or other program routine or hardware <br />device inserted and intended by TriTech to provide <br />a means of unauthorized access to, or a means of <br />disabling or erasing any computer program or data, <br />or otherwise disabling the TriTech Application. <br />(Nothing herein shall be deemed to constitute a <br />warranty against viruses. The provisions of <br />paragraph 3.1.3.5, below, shall constitute the <br />agreement of the parties with respect to viruses.) <br />City's sole remedy with respect to the foregoing <br />warranty shall be to receive an Update to the <br />TriTech Application that does not contain any of <br />the above -described routines or devices. <br />Primary Agreement Page 10 <br />