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C� <br />3. Hardware Maintenance <br />a) On a bi-annual basis, Transdyn will provide on-site preventative hardware <br />maintenance for the SCADA System servers, workstations and peripheral <br />devices. Services will include general system diagnostics as provided with <br />original installation, cleaning, consumables replacement (i.e. changing printer <br />ribbon), etc. Accepted: $ Not -included <br />b) Transdyn will provide for repair or replacement of the SCADA System <br />servers, workstations and peripheral devices via service sub -contracts with <br />original equipment manufacturers or their authorized representatives. <br />Availability of these services will be based upon the terms and conditions of <br />the manufacturers' standard contracts. Accepted: $ Not included <br />LIMITATION OF LIABILITY. IN NO EVENT SHALL TRANSDYN BE LIABLE FOR <br />SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY <br />WHATSOEVER. Transdyn, its contractors and suppliers of any tier, shall not be liable in <br />contract, tort or otherwise for damage to or loss of other property or equipment or <br />systems, cost of capital, cost of replacement power or equipment, increased operating <br />expenses, delay damages, or claims of City of Santa Ana's customers no matter how <br />caused, including if caused by: abuse; accident; alteration or repair by anyone other <br />than Transdyn's authorized representatives; improper storage; misuse; improper <br />maintenance; failure to observe instructions; improper or unauthorized access or use; <br />hacker or cracker intrusion or disruption; distributed denial of service attacks; computer <br />viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or <br />information; failure of network security; or other acts, omissions, torts or crimes. <br />City of Santa Ana's remedies stated herein are exclusive and the Transdyn's liability with <br />respect to any contract, or the performance or breach thereof, relating in any way to any <br />work or equipment covered by this contract, whether in contract, tort, or otherwise shall <br />not exceed the price of the particular equipment or part or service for which such liability <br />is claimed. This provision shall survive termination of the contract. <br />WARRANTIES. Transdyn warrants the equipment and services of its own manufacture <br />against defects in material and workmanship for one year from delivery or, if installed by <br />Transdyn, for one year from installation of equipment/performance of services or <br />portions thereof but not to exceed eighteen months from shipment, provided City of <br />Santa Ana must give Transdyn immediate written notice upon discovery of the defect <br />and immediately ceases use of equipment to prevent further damage. Transdyn's <br />obligation is limited to furnishing a repaired or replacement part or, at its option, to <br />repairing the defective part F.O.B. Transdyn's plant. City of Santa Ana shall pay cost of <br />field labor. This warranty excludes equipment or services damaged due to: abuse: <br />accident; alteration or repair by anyone other than Transdyn's authorized <br />representatives; improper storage; misuse; improper maintenance; failure to observe <br />instructions; improper or unauthorized access or use; hacker or cracker intrusion or <br />disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, <br />misuse, alteration or corruption of data, programs or information; failure of network <br />security; or other acts, omissions, torts or crimes. <br />