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5 <br /> 10.3 TC Technology further represents,warrants and guarantees that the Software provided <br /> hereunder shall: (i)properly individually and in combination with other software,correctly <br /> process,sequence,and calculate all date and date related data for all dates prior to,through and <br /> after January 1,2000,and(ii)shall recognize,store and transmit date data in a format which <br /> explicitly and unambiguously specifies the correct century,month,day of the month,and day of <br /> the week,including,but not limited to,date/century recognition,calculations that accommodate <br /> same century and multi-century formulas and date values,and date data interface values that <br /> reflect an accurate and correct day,month,year and century. In the manipulation of external <br /> data,the Software provided by TC Technology shall work accurately based on correct data input. <br /> TC Technology is responsible for ensuring that calculations are accurate and successful in <br /> computations involving the year 2000. In addition,TC Technology guarantees that the year 2000 <br /> leap year calculations will be accommodated and will not result in hardware,firmware,and/or <br /> software failures.TC Technology is responsible for products and services sublicensed by TC <br /> Technology to City,and TC Technology agrees that all warranties and guarantees by a TC <br /> Technology vendor superior to TC Technology shall be passed through and/or assigned as <br /> necessary to the City. <br /> 10.4 TC Technology represents and warrants that(i)TC Technology has the power and <br /> authority to enter into and perform this Agreement,(ii)this Agreement,when executed and <br /> delivered,shall be a valid and binding obligation of TC Technology enforceable in accordance <br /> with its terms,and(iii)TC Technology shall,at all times during the term of this Agreement,be <br /> qualified,professionally competent,and duly licensed to perform the Work. <br /> 10.5 TC Technology represents and warrants that it is the sole owner or licensee(with the right <br /> to sublicense)of the Software it furnishes and installs pursuant to this Agreement and that no <br /> license other than that granted by this Agreement is necessary for the City to possess or use any <br /> of the Software lawfully. <br /> 10.5 TC Technology represents and warrants: (1)that all Software shall be prepared by it in a <br /> workmanlike manner and in accordance with the highest professional standards;(2)that all <br /> Software will function on the machines and with operating systems for which they are to be <br /> installed under this Agreement;(3)that all Software will conform to the specifications and <br /> functions set forth in the documentation;(4)that the maximum number of records that can be <br /> maintained or processed by the Software provided hereunder shall be the same maximum number <br /> of records per file allowed by the underlying database software;and(4)that TC Technology will <br /> perform all work in compliance with applicable law. <br /> 11 SOFTWARE SUPPORT AND MAINTENANCE <br /> 11.1 Term <br /> For one year from the date all Software provided hereunder and work pursuant to this Agreement <br /> is accepted by City,TC Technology shall provide technical support and Software updates at no <br /> charge. "Software updates"includes,but is not limited to,the release,issuance or shipping of an <br /> updated,modified,enhanced or changed release or version of any of the Software. <br /> 11.2 Notice of New Releases or Enhancements <br /> TC Technology shall notify City of the availability of any new releases or enhancements of the <br /> Software. <br /> Page 6 <br /> l8 <br />