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Kapsch TrafficCom USA, Inc. 6akOS} *j�j ";r} <br />City of Santa Ana <br />Jan 12, 2016 <br />Hardware Maintenance Page 2of5 <br />a) On a bi-annual basis, Kapsch 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) Kapsch 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 KAPSCH BE LIABLE FOR SPECIAL, <br />INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY WHATSOEVER. <br />Kapsch, its contractors and suppliers of any tier, shall not be liable in contract, tort or otherwise <br />for damage to or loss of other property or equipment or systems, cost of capital, cost of <br />replacement power or equipment, increased operating expenses, delay damages, or claims of <br />City of Santa Ana's customers no matter how caused, including if caused by: abuse; accident; <br />alteration or repair by anyone other than Kapsch's authorized representatives; improper <br />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 Kapsch's liability with respect <br />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. Kapsch 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 Kapsch, for <br />one year from installation of equipment/performance of services or portions thereof but not to <br />exceed eighteen months from shipment, provided City of Santa Ana must give Kapsch <br />immediate written notice upon discovery of the defect and immediately ceases use of equipment <br />to prevent further damage. Kapsch's obligation is limited to furnishing a repaired or replacement <br />part or, at its option, to repairing the defective part F.O.B, Kapsch's plant. City of Santa Ana <br />shall pay cost of field labor. This warranty excludes equipment or services damaged due to: <br />abuse: accident; alteration or repair by anyone other than Kapsch'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 />Kapsch reserves the right to investigate claims by City of Santa Ana as to defects. City of Santa <br />Ana shall pay costs to investigate invalid claims and for any repair or replacement shown by <br />investigation not to be covered by warranty. <br />Kapsch TrafflcCoan USA, Inc. [4266 Hacienda Drive, Suite 1001 Measured, CA 94588 Phone. (925) 225.16001 Fax (925) 225-16101 �Aadascncom <br />