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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 <br />specified in the Project Deliverables shall remain with the <br />Contractor until delivered, unpacked, uncrated and installed <br />in accordance with the Statement of Work and the Project <br />Schedule at the City site(s). Thereafter risk of loss shall <br />be borne by the City. <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 Manufacturers 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) "Acceptance" shall occur upon the completion <br />of the performance, functional and <br />reliability tests on the last TriTech product <br />or interface installed, as further defined in <br />the Statement of Work, thus comprising the <br />totality of the TriTech solution. <br />(b) "Specifications" shall mean, with respect to <br />any of the TriTech Applications, the <br />specifications for such TriTech <br />Application(s) delivered to the City upon the <br />City's acceptance of such TriTech Application <br />in accordance with the Statement of Work <br />including Acceptance Test Procedure(s) (ATP); <br />Interface Requirements Documents (IRD);and as <br />applicable Operational Scenario Document(s) <br />(OSD) for modifications. <br />(c) "Documentation" shall mean, with respect to <br />any TriTech Application, those printed <br />instructions, manuals, and diagrams <br />pertaining to and furnished with such TriTech <br />Application. <br />(d) -Error- shall mean, with respect to any <br />TriTech Application, a defect in the TriTech <br />Application that prevents such TriTech <br />Primary Agreement Page 4 <br />