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2005-262
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2005-262
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Last modified
7/29/2016 11:04:32 AM
Creation date
9/30/2015 9:00:21 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
08/02/2005
Control Number
2005-262
Agenda Item Number
7.X.
Entity Name
SunGard Output Solutions
Subject
Utility billings First Amendment to Print and Mail Services
Supplemental fields
SmeadsoftID
5111
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Article 10 . Contractor' s Warranties - <br /> A . Services and Products - Contractor shall not limit or exclude any implied warranties . <br /> Any attempt by Contractor to do so shall render this Contract voidable at the option of <br /> County . Contractor warrants that the services and products furnished will conform to the <br /> Specifications included herein , and to the sample ( s ) furnished by Contractor, if any . <br /> B . Safety Warranty - Contractor warrants that the services and products sold to County <br /> shall conform to the standards promulgated by the U . S . Department of Labor under the <br /> Occupational Safety and Health Act ( OSHA ) . In the event the product does not conform <br /> to OSHA standards , County may return the product for correction or replacement at the <br /> Contractor' s expense . In the event Contractor fails to make the appropriate correction <br /> within a reasonable time , correction made by County will be at Contractor' s expense . <br /> Article 11 . Misunderstanding — <br /> A . To prevent misunderstanding and any litigation , County ' s designated representative <br /> shall decide any and all questions which may arise concerning the quality and <br /> acceptability of the work and services performed , the sufficiency of performance , the <br /> interpretation of the provisions of this Contract , and the acceptable fulfillment of this <br /> Contract on the part of the Contactor. <br /> B . County ' s designated representative will determine whether or not the amount , <br /> quantity , character, and quality of the work performed is satisfactory , which <br /> determination shall be final , conclusive , and binding upon the Contractor . <br /> Article 12 . Inspection Of Work And Progress - The Contractor shall provide <br /> County ' s designated representative with every reasonable opportunity to ascertain <br /> whether or not the work , as performed , is in accordance with the requirements and <br /> expectations of this Contract and County staff. The Contractor shall designate , in <br /> writing , a person to serve as liaison between the Contractor and County . County ' s <br /> designated representative may appoint qualified persons to inspect the Contractor ' s <br /> operation and equipment at any reasonable time , and the Contractor shall permit such <br /> persons to make such inspections at any reasonable time and place . <br /> Article 13 . Operation During Dispute - In the event County has not cancelled this <br /> Contract in accordance with the terms of this Contract , and there remains a dispute <br /> between the Contractor and County , the Contractor agrees to continue to fully operate <br /> and fully perform under the terms of this Contract while such dispute is pending and <br /> further agrees that , in the event a suit is filed for injunction or other relief, it will continue <br /> to fully operate until the final adjudication of such suit by the court . <br /> Article 14 . Gratuities - County may , by written notice to the Contractor, cancel this <br /> Contract without liability to Contractor if it is determined by County that gratuities , in the <br /> form of entertainment , gifts , or otherwise , were offered or given by the Contractor , or any <br /> agent or representative of the Contractor , to any officer or employee of County with a <br /> view toward securing a Contract or securing favorable treatment with respect to the <br /> awarding or amending , or the making of any determinations with respect to the <br /> performing of such a Contract . In the event this Contract is canceled by County pursuant <br /> to this provision , County shall be entitled , in addition to any other rights and remedies , to <br /> indianrivercontract400l . doc Page 3 of 25 <br /> Document last printed 05/ 18/00 10 : 39 AM <br />
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