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<br /> <br /> <br /> <br /> <br /> <br /> EXHIBIT C <br /> <br /> GRANICUS, INC. <br /> <br /> HARDWARE EXHIBIT <br /> <br /> THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service <br /> Agreement between Granicus and Client, for the hardware components of the Granicus Solution (the <br /> "Hardware") provided by Granicus to Client. This exhibit is an additional part of the Service Agreement <br /> and is incorporated therein by reference. Capitalized terms used but not defined in this exhibit have the <br /> meanings given in the Service Agreement. <br /> 1. Price. The price for the Hardware shall be the price specified in the Proposal. <br /> 2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. <br /> Granicus will select the shipment method unless otherwise mutually agreed in writing. Granicus retains <br /> title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding <br /> the use of the term "sale" or "purchase." <br /> 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by <br /> Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes <br /> Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the <br /> applicable written specifications. <br /> 4. Service Response Time. For hardware issues requiring replacement, Granicus, Inc. shall <br /> respond to the request made by the Client within twenty-four (24) hours. Hardware service <br /> repair or replacement will occur within seventy-two (72) hours of determination of a hardware <br /> issue, not including the time it takes for the part to ship and travel to the Client. The Client shall <br /> grant Granicus, Inc. or its representatives access to the equipment for the purpose of repair or <br /> replacement at reasonable times. Granicus, Inc. will keep the Client informed regarding the <br /> timeframe and progress of the repairs or replacement. Once the Hardware is received Client's <br /> responsibilities will include: <br /> a. Mount server on client rack (if applicable) <br /> b. Connecting original network cables. <br /> <br /> c. Connecting original audio and video cables (if applicable). <br /> <br /> 5. LIMITATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR <br /> CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL <br /> DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT <br /> LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, <br /> TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF <br /> GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH <br /> DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT WILL GRANICUS' <br /> LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE <br /> AMOUNT OF THE PRICE PAID TO GRANICUS BY CLIENT FOR THE HARDWARE. <br /> 6. Hardware. In the event of malfunction for Hardware provided by Granicus, Hardware will be <br /> repaired or replaced as per the warranty, and as detailed in this Exhibit. <br /> Granicus provides the above mentioned services under Client's acknowledgment that all Granicus tools, <br /> and systems will be installed by the manufacturer chosen by Granicus within the Hardware, provided to <br /> <br /> age <br /> 25b-15 <br />