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<br />Maintenance and Service Contract Proposal <br />July 1 O, 2012, Page 2 <br />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 devices. <br />Services will include general system diagnostics as provided with original installation, <br />cleaning, consumables replacement (i.e. changing printer ribbon), etc. <br />Accepted: $Not-included <br />b) Transdyn will provide for repair or replacement of the SCADA System servers, <br />workstations and peripheral devices via service sub-contracts with original <br />equipment manufacturers or their authorized representatives. Availability of these <br />services will be based upon the terms and conditions of the manufacturers' standard <br />contracts. Accepted: $ Not included <br />LIMITATION OF LIABILITY. IN NO EVENT SHALL TRANSDYN BE LIABLE FOR SPECIAL, <br />INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY WHATSOEVER. <br />Transdyn, its contractors and suppliers of any tier, shall not be liable in contract, tort or <br />otherwise for damage to or loss of other property or equipment or systems, cost of capital, cost <br />of replacement power or equipment, increased operating expenses, delay damages, or claims <br />of City of Santa Ana's customers no matter how caused, including if caused by: abuse; <br />accident; alteration or repair by anyone other than Transdyn's authorized representatives; <br />improper storage; misuse; improper maintenance; failure to observe instructions; improper or <br />unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of <br />service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, <br />programs or 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 work or <br />equipment covered by this contract, whether in contract, tort, or otherwise shall not exceed the <br />price of the particular equipment or part or service for which such liability is claimed. This <br />provision shall survive termination of the contract. <br />WARRANTIES. Transdyn warrants the equipment and services of its own manufacture against <br />defects in material and workmanship for one year from delivery or, if installed by Transdyn, for <br />one year from installation of equipment/pertormance of services or portions thereof but not to <br />exceed eighteen months from shipment, provided City of Santa Ana must give Transdyn <br />immediate written notice upon discovery of the defect and immediately ceases use of equipment <br />to prevent further damage. Transdyn's obligation is limited to furnishing a repaired or <br />replacement part or, at its option, to repairing the defective part F.O.B. Transdyn's plant. City of <br />Santa Ana shall pay cost of field labor. This warranty excludes equipment or services damaged <br />due to: abuse: 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 disruption; <br />distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or <br />corruption of data, programs or information; failure of network security; or other acts, omissions, <br />torts or crimes. <br />TItANSDYN, INC. • 4256 Hacienda Drive, Suite 300 • Pleasanton, CA 94588 <br />Tel. (925) 225-1600 • Fax: (925) 225-1610 • wa?nv_transdvn.com