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2007-429
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2007-429
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days' prior written notice to County, repurchase the infringing component and refund to <br /> County an amount equal to the purchase price for the infringing component. <br /> 5. DOCUMENTATION <br /> Sequoia shall provide complete documentation for the utilization of all Equipment as referenced <br /> hereinabove, inclusive of upgrades to said Equipment, at the time of delivery. The Documentation is <br /> subject to the confidentiality requirements as set forth hereinbelow and in conjunction with Florida law, <br /> and shall not be copied or reproduced, in whole or in part, without the prior written consent of Sequoia. <br /> Notwithstanding the above, sequoia grants to the SOE the right to copy or otherwise reproduce, for <br /> training or other internal purposes only, portions of the documentation at no additional cost, provided <br /> that Sequoia' s statement of copyright be included in each copy. <br /> 6. TAXATION <br /> County is exempt from payment of Florida State Sales and Use Taxes. Upon request, County shall <br /> provide a copy of its certificate establishing its exemption. Sequoia shall not be exempted from paying <br /> sales tax to its suppliers for materials used to fulfill contractual obligations with the County, and is not <br /> authorized to use the County' s Tax Exemption Number in securing such materials. Sequoia shall be <br /> responsible for payment of taxes on Sequoia' s income and withholding of payroll taxes on Sequoia' s <br /> employees as required by law. <br /> 7. LIMITED PARTS WARRANTY <br /> A. Terms of Limited Parts Warranty <br /> 1 . For a period of two years from the Effective Date of this Agreement ("Warranty <br /> Period"), Sequoia warrants that the Product shall function in accordance with the <br /> Documentation. In the event that the Product fails to function in accordance with <br /> the Documentation, Sequoia shall provide replacement parts to Customer as may <br /> be necessary to cause the Product to function accordingly. Replacement parts <br /> shall be provided at Sequoia' s expense during the Warranty Period. <br /> 2 . In the event of a warranty claim, the SOE shall return any defective components <br /> of the Product to Sequoia during the Warranty Period. Defective components <br /> shall not be returned to Sequoia until the SOE has received from Sequoia a <br /> Return Material Authorization Number ("RMA") and shipping instructions. <br /> Sequoia shall send RMA and shipping instructions to the SOE within three (3 ) <br /> business days after receiving notice of said defect. Defective components shall <br /> be shipped by the SOE to Sequoia at Sequoia' s expense pursuant to the RMA <br /> and Sequoia' s shipping instructions. Replacement parts shall be sent to the SOE <br /> by Sequoia (i) within thirty (30) days of receipt by Sequoia or, (ii) where <br /> feasible, within fourteen ( 14) days prior to an election. The SOE shall be solely <br /> responsible for removal and reinstallation of any replaced components. <br /> F. General <br /> During the Warranty Period, Sequoia shall provide telephone support to answer <br /> questions concerning the use or repair of the Product from Monday through and <br /> including Friday between the hours of 8:00 a.m. and 5 :00 p.m. ET. <br /> C. Limitations <br /> Notwithstanding any other terms or provisions of this Agreement, Sequoia is not obligated to <br /> repair or replace, and Sequoia' s warranty obligations under this Paragraph 7 shall not be <br /> applicable to, any of the following: <br /> 4 <br />
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