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• <br /> 1 • <br /> compatibility with existing City of Everett Technology Standards and LAN/WAN environment <br /> as defined in the RFP. <br /> 10.3 Cities Digital represents and warrants that(i)Cities Digital has the power and authority to <br /> enter into and perform this Agreement,(ii)this Agreement,when executed and delivered,shall <br /> be a valid and binding obligation of Cities Digital enforceable in accordance with its terms,and <br /> (iii)Cities Digital shall,at all times during the term of this Agreement,be qualified, <br /> professionally competent,and duly licensed to perform the Work. <br /> 10.4 Cities Digital represents and warrants that no license other than that the license it <br /> provides to the City under this Agreement is necessary for the City to possess or use any of the <br /> Software lawfully. Cities Digital represent and warrants that it is authorized to sell and support <br /> the Software. <br /> 10.5 Cities Digital represents and warrants: (1)that all Software will function on the machines <br /> � p <br /> and with operating systems for which they are to be installed under this Agreement;(2)that all <br /> Software will conform to the specifications and functions set forth in the documentation;and(3) <br /> that Cities Digital will perform.all work in compliance with applicable law. <br /> 11 SOFTWARE SUPPORT AND MAINTENANCE <br /> 11.1 Term <br /> year one from the date all Software provided hereunder and work pursuant to this Agreement <br /> is accepted by City,Cities Digital 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 /> Cities Digital shall notify City of the availability of any new releases or enhancements of the <br /> Software. Notices to the City shall be sent to the notices address referenced in this Agreement. <br /> 11.3 Correction of Errors <br /> Cities Digital shall use reasonable diligence in correcting errors when reported to Cities Digital. <br /> An"error"is any failure of any portion of the Software: (i)to conform in a material respect to <br /> published documentation for the program or a process,function, command,routine, subroutine, <br /> call,etc.,(ii)that results in a failure to correctly process such command,routine,etc.,which <br /> results in erroneous data,or(iii)that results in an abnormal termination of the program,routine, <br /> command,etc.However,any nonconformity resulting from City's misuse or improper use of the <br /> program shall not be considered an error. <br /> City of Everett/Cities Digital,Inc.Software Agreement Draft 02/17/2012 <br /> Page 6 <br /> 11 <br />