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of such revisions Risk of loss for the ES&S Equipment and CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.
<br /> ES&S Software shall pass to Customer when such items are ES&S EXPRESSLY DISCLAIMS ALL WARRANTIES,
<br /> delivered to Customer's designated location. Upon transfer WHETHER EXPRESS OR IMPLIED, WHICH ARE NOT
<br /> of risk of loss to Customer, Customer shall be responsible SPECIFICALLY SET FORTH IN THIS AGREEMENT,
<br /> for obtaining and maintaining sufficient casualty insurance INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
<br /> on the ES&S Equipment and ES&S Software and shall name WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
<br /> ES&S as an additional insured thereunder until all amounts A PARTICULAR PURPOSE. FURTHER, IN THE EVENT
<br /> payable to ES&S under this Agreement have been paid by CUSTOMER DECLINES ES&S' INSTALLATION AND
<br /> Customer. ACCEPTANCE TESTING SERVICES OR IN ANY WAY AT
<br /> 7 Warranty. ANY TIME ALTERS, MODIFIES OR CHANGES ANY
<br /> a. ES&S Eguipment/ES&S Software. ES&S warrants EQUIPMENT, SOFTWARE, THIRD PARTY ITEMS
<br /> ANDIOR NETWORK (COLLECTIVELY "SYSTEM")
<br /> that fora 1-year period (the "Warranty Period"), it will repair CONFIGURATIONS WHICH HAVE BEEN PREVIOUSLY
<br /> or replace any component of the ES&S Equipment or ES&S INSTALLED BY ES&S OR WHICH ARE OTHERWISE
<br /> Software which, while under normal use and service (i) fails REQUIRED IN ACCORDANCE WITH THE CERTIFIED
<br /> to perform in accordance with its Documentation in all VOTING SYSTEM CONFIGURATION, ALL WARRANTIES
<br /> material respects, or (ii) is defective in material or OTHERWISE PROVIDED HEREUNDER WITH REPECT
<br /> workmanship The Warranty Period will commence upon TO THE SYSTEM PURCHASED, LEASED, RENTED
<br /> delivery. The Warranty shall not include the repair or AND/OR LICENSED UNDER THIS AGREEMENT SHALL
<br /> replacement of any ES&S Equipment components that are BE VOID AND OF NO FURTHER FORCE AND EFFECT.
<br /> consumed in the normal course of operating the ES&S
<br /> Equipment, including printer ribbons, printer cartridges, 8 Limitation Of Liability. Neither party shall be liable for
<br /> paper rolls, batteries, removable media storage devices, any indirect, incidental, punitive, exemplary, special or
<br /> PCMCIA cards or marking devices Any repaired or consequential damages of any kind whatsoever arising out
<br /> replaced item of ES&S Equipment or ES&S Software shall of or relating to this Agreement. Neither party shall be liable
<br /> be warranted only for the unexpired term of the Warranty for the other party's negligent or willful misconduct. ES&S'
<br /> Period All replaced components of the ES&S Equipment or total liability to Customer arising out of or relating to this
<br /> ES&S Software will become the property of ES&S This Agreement shall not exceed the aggregate amount to be
<br /> warranty is effective provided that (1) Customer promptly Paid to ES&S hereunder By entering into this Agreement,
<br /> notifies ES&S of the failure of performance or defect and is Customer agrees to accept responsibility for(a)the selection
<br /> otherwise in compliance with its obligations hereunder, (11) of the ES&S Equipment and ES&S Software to achieve
<br /> the ES&S Equipment or ES&S Software to be repaired or Customer's intended results, (b) the use of the ES&S
<br /> replaced has not been repaired, changed, modified or Equipment and ES&S Software, (c)the results obtained from
<br /> altered except as authorized or approved by ES&S, (111) the the use of the ES&S Equipment and ES&S Software, (d) the
<br /> ES&S Equipment or ES&S Software to be repaired or selection of, use of and results obtained from any
<br /> replaced is not damaged as a result of accident, theft, equipment, software or services not provided by ES&S and
<br /> vandalism, neglect, abuse, use which is not in accordance used with the ES&S Equipment or ES&S Software, or (e)
<br /> with instructions or specifications furnished by ES&S or user errors, voter errors or problems encountered by any
<br /> causes beyond the reasonable control of ES&S or individual in voting that are not otherwise a result of the
<br /> Customer, including acts of God, fire, riots, acts of war, failure of ES&S to perform ES&S shall not be liable under
<br /> terrorism or insurrection, labor disputes, transportation this Agreement for any claim, damage, loss, judgment,
<br /> delays, governmental regulations and utility or Penalty, cost, amount paid in settlement or fee that is caused
<br /> communication interruptions, and (IV) Customer has by (y) Customer's failure to timely or properly install and use
<br /> installed and is using the most recent update, or the second the most recent update, or the second most recent update,
<br /> most recent update, provided to it by ES&S This warranty provided to it by ES&S or (z) Customer's election not to
<br /> is void for any units of equipment which (i) have not been receive, or to terminate, the Hardware Maintenance Services
<br /> stored or operated in a temperature range according their or the ES&S Software Maintenance and Support.
<br /> specifications, (ii) have been severely handled so as to 9 Proprietary Rights. Customer acknowledges and
<br /> cause mechanical damage to the unit, or (iii) have been agrees as follows.
<br /> operated or handled in a manner inconsistent with ES&S owns the ES&S Software, all Documentation and
<br /> reasonable treatment of an electronic product. The terms of training materials provided by ES&S, the design and
<br /> post-warranty license, maintenance and support are set forth configuration of the ES&S Equipment and the format, layout,
<br /> on Exhibit A measurements, design and all other technical information
<br /> b Exclusive Remedies/Disclaimer. IN THE EVENT OF A associated with the ballots to be used with the ES&S
<br /> BREACH OF SUBSECTION 7(a), ES&S' OBLIGATIONS, Equipment. Customer has the right to use the
<br /> AS DESCRIBED IN SUCH SUBSECTION, ARE aforementioned items to the extent specified in this
<br />
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