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2017-038C
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2017-038C
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Last modified
4/11/2017 2:26:37 PM
Creation date
4/11/2017 2:26:35 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/21/2017
Control Number
2017-038C
Agenda Item Number
9.A.
Entity Name
Leslie Swan, Supervisor of Elections
Subject
Elections Systems & Software Sales Order
Agreement Voting Machines
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restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an <br /> expense that is less than the then-current value of the Product. If such a determination is made, ES&S <br /> shall no longer be required to provide Hardware Maintenance Services for such Product. ES&S shall <br /> also refund to Customer an amount equal to (1) that portion of the most recent fee paid for Hardware <br /> Maintenance Services that is attributable to such Product, multiplied by (2) a fraction, the numerator of <br /> which is the remaining number of days in the respective period within the Initial Term or Renewal <br /> Period for which such fee was paid and the denominator of which is the total number of days in the <br /> respective period within such Initial Term or Renewal Period <br /> d Sole Provider; Access. Customer shall not permit any individual other than an ES&S <br /> Representative to provide maintenance or repairs with respect to the Products for so long as the Initial <br /> Term or any Renewal Period is in effect. Customer shall provide ES&S Representatives with all <br /> information necessary to enable them to provide Hardware Maintenance Services. Customer shall <br /> likewise provide full access to the Products and adequate working space for all Hardware Maintenance <br /> Services performed at its Designated Location, including sufficient heat, lights, ventilation, electric <br /> current and outlets. <br /> e Storage. When not in use, Products should be stored in a clean, secure environment. <br /> During operation of the Products, the facility temperature range should be 50° to 104° and the moisture <br /> range should be 10%to 50% relative humidity <br /> f Reinstatement of Hardware Maintenance Services; Inspection. If the Initial Term <br /> or any Renewal Period thereof expires without being renewed, Customer may thereafter resume <br /> receiving Hardware Maintenance Services upon (a) notification to ES&S and (b) the granting to ES&S <br /> of access to the Products. ES&S requires Customer to allow it to inspect such Products before it <br /> provides any Hardware Maintenance Services The purpose of such inspection shall be to determine <br /> whether or not the Products are in Normal Working Condition. The cost of such inspection will be at <br /> ES&S' then current rates and shall be due from Customer within thirty(30) days of its receipt of ES&S' <br /> invoice therefore If any of the Products is not in Normal Working Condition, ES&S, at the option of <br /> Customer, (i) shall provide such repairs and replacements as it deems reasonable and necessary to <br /> restore such item to Normal Working Condition, at Customer's expense with respect to the cost of any <br /> labor(charged at ES&S' then current rates) and parts used in such repairs or replacements, or (ii) shall <br /> not provide any Hardware Maintenance Services with respect to such Product(s). <br /> ARTICLE III <br /> SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES <br /> 1 License and Services Provided. ES&S shall provide license, maintenance and support services <br /> ("Software License, Maintenance and Support") for the ES&S Software and ES&S Firmware (collectively, "ES&S <br /> Software"), to allow Customer to continue to license and use the software in accordance with the license terms set <br /> forth in Sections 2-4 of the General Terms as well as to enable it to perform in accordance with its Documentation <br /> in all material respects, and to cure any defect in material or workmanship The specific Software License, <br /> Maintenance and Support services provided by ES&S and each party's obligations with respect to such services <br /> are set forth on Schedule Al. <br /> 2. Updates. During the Initial Term and any Renewal Period thereof, ES&S may continue to provide <br /> Updates in accordance with the terms of Section 5 of the General Terms <br /> 3 Conditions. ES&S shall not provide Software License, Maintenance and Support for any item of <br /> ES&S Software if such item requires such services as a result of(a) repairs, changes, modifications or alterations <br /> not authorized or approved by ES&S, (b) accident,theft, vandalism, neglect, abuse or use that is not in accordance <br /> with instructions or specifications furnished by ES&S, (c) causes beyond the reasonable control of ES&S or <br /> Customer, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation <br /> delays, governmental regulations and utility or communication interruptions, (d) Customer's failure to timely and <br /> properly install and use the most recent update provided to it by ES&S, (e)Customer's failure to notify ES&S within <br /> three (3) business days after Customer knows of the need for such services, or (f) if Customer is otherwise not in <br /> 3 <br />
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