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-lr^!S ME FR <br />breach of warranty, breach of contract, negligence, strict liability, tort <br />or under any Bather legal theory. <br />9.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty <br />period, TASER agrees to repair or replace the Product which TASER determines In its <br />reasonable discretion to be defective under normal use, as defined in the Product <br />instructions. TASER's sole responsibility under this warranty is to either repair or <br />replace with the same or like Product, at TASER's option. <br />9.3.1 For warranty return and repair procedures, including troubleshooting guides, <br />please go to TASER's websites www.taser.com/support or www.ev€dence.com, <br />as Indicated in the appropriate product user manual or quick start guide. <br />9.3.2 Before delivering product for warranty service, it is the Agency's responsibility <br />to upload the data contained In the product to the EVIDENCE.com services or <br />download the product data and keep a separate backup copy of the contents. <br />TASER Is not responsible for any loss of software programs, data, or other <br />information contained on the storage media or any other part of the product <br />services, <br />9.3.3 A replacement product will be new or like new and have the remaining warranty <br />period of the original product or 90 days from the date of replacement or repair, <br />whichever period is longer. When a product or part is exchanged, any <br />replacement item becomes Purchaser's property and the replaced item <br />becomes TASER's property. <br />10 Product Warnings. See our website at www_TASER.com for the most current product <br />warnings. <br />11 Dgsign Changes. TASER reserves the right to make changes in the design of any of TASER's <br />products and services without incurring any obligation to notify the Agency or to make the <br />same change to products and services previously purchased. <br />12 Insurance . TASER will maintain at TASER's own expense and in effect during the Term, <br />Commercial General Liability Insurance, Workers' Compensation Insurance and Commercial <br />Automobile Insurance and will furnish certificates of insurance or self-insurance upon request <br />as follows: <br />A. Commercial General Liability Insurance. TASER shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting there from and damage to <br />property, resulting from any act or occurrence arising out of contractor's operations in the <br />performance of this agreement, Including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following, single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the <br />total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars <br />($2,000,000) in the aggregate. Such insurance shall (a) name the Agency, its officers, <br />employees, agents, volunteers, and representatives as additional insured(s) in a form <br />approved by the City Attorney's Office; (b) be primary and not contributory with respect to <br />insurance or self-insurance programs maintained by the Agency, and (c) contain standard <br />separation of Insureds provisions, <br />Title: Evidence,com Master Service Agreement with Exhibits Page 7 of 27 <br />Department: Legal <br />Verslon: 11,0 <br />Release Date: 7/31/2015 <br />