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<br /> <br /> <br /> <br /> City of Santa Ana <br /> Server Upgrade Proposal <br /> May 8, 2013 <br /> Page 5 <br /> to furnishing a repaired or replacement part or, at its option, to repairing the defective part F.O.B. <br /> Transdyn's plant. Contractor shall pay cost of field labor. This warranty excludes equipment or <br /> services damaged due to: abuse: accident; alteration or repair by anyone other than Transdyn's <br /> authorized 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. Transdyn reserves the right to investigate claims by Contractor as to defects. <br /> Contractor shall pay costs to investigate invalid claims and for any repair or replacement shown by <br /> investigation not to be covered by warranty. Products supplied but not manufactured by Transdyn <br /> shall be subject only to the warranty extended by the original manufacturer. <br /> THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF <br /> ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED <br /> (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br /> PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF <br /> DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT <br /> INFRINGEMENT. <br /> Transdyn appreciates this opportunity to submit our proposal. Should you have any questions or <br /> <br /> comments, please do not hesitate to contact the undersigned at 925-225-1600. <br /> Very Truly Yours, <br /> Transdyn,Inc. <br /> <br /> <br /> <br /> <br /> <br /> Philip J. Jacobs <br /> Sr. Project Manager <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> TRANSDYN, INC. • 4256 Hacienda Drive, Suite 100 • Pleasanton, CA 94588 <br /> Tel:(925)225-1600•Edx:/pZ.gl~$S. .transdmcom <br /> C2.. /~5CC~t ~C~I X19 <br />