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B. Contractor warrants that for one year from Acceptance Date, that all <br />equipment manufactured by Contractor or nameplate shall be free from defects in <br />material and workmanship which arise from normal use or service; provided the <br />equipment is properly operated in accordance with Contractor's instructions. If any <br />equipment should prove defective in this warranty period, Contractor will at Contractor's <br />option, repair, replace, or issue the City a credit for any such item. For materials <br />furnished but not manufactured by Contractor nor bearing the Contractor's nameplate, <br />Contractor assigns any manufacturer's warranty to the City. <br />C. Contractor warrants the labor provided by the Contractor pursuant to this <br />Agreement for ninety (90) days. <br />D. This express warranty is in lieu of and excludes all other warranties, <br />guarantees, or representations, expressed, or implied including warranties of <br />merchantability or of fitness for a particular purpose. <br />E. City's remedies with respect to express warranties shall be limited exclusively <br />to the right of repair, replacement or issuance of a credit to the City for the cost of such <br />equipment. <br />Section 9. LIMITATION OF WARRANTIES <br />Contractor has provided City with certain written limited warranties with respect to the <br />FIM's. Except for such limited warranties in this Agreement, Contractor makes no <br />warranty of any kind or nature, express or implied, relating to the FIM's or its <br />performance or the installation and service thereof. No assignee(s) of the Contractor to <br />this Agreement shall make warranties of any kind or nature, express or implied, relating <br />to the FIM's or the performance or the installation and service thereof. THE <br />FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY <br />CONTRACTOR. CONTRACTOR EXPRESSLY DISCLAIMS THE IMPLIED <br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE IN RELATION TO THIS AGREEMENT. <br />Section 10. INDEMNITY & LIMITATION OF LIABILITY <br />Contractor shall indemnify and save harmless and defend the City, its employees or <br />agents from any and all losses, claims and expenses for injury to persons or damage to <br />property to the extent arising out of activities of Contractor while present upon the <br />property of the City or otherwise to the extent arising from Contractor's performance of <br />the Work, except for such injury or damage as is caused by active negligence or willful <br />misconduct by the City, its employees or agents. <br />Section 11. FORCE MAJEURE <br />Except for the City's obligation to pay the Contractor for the Work performed, if either <br />party shall be delayed in or prevented from the performance of any of the terms, <br />25D-12 <br />