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EXHIBIT C <br />Warranties <br />This Exhibit C Warranties shall include available warranty documentation where applicable to the <br />products, software, and services furnished under this Contractor Agreement (the "Agreement"). <br />1. Aqua -Metric Sales Company Warranty. <br />1.1. Aqua -Metric warrants that the services provided by Aqua -Metric will be performed in a <br />professional and workmanlike manner with a degree of care, skill and competence that is <br />consistent with the then generally accepted industry standards reasonably expected of similar <br />types of engagements and the deliverables herein this Agreement will substantially conform to <br />the deliverables specified in the applicable Exhibits and Appendices hereto through the term of <br />the Agreement. <br />1.2. Except as specifically set forth in this Exhibit C, the services and software are provided by <br />contractor on an "as is" and "as available" basis without warranties of any kind, either express <br />or implied, including but not limited to implied warranties of merchantability and fitness for a <br />particular purpose; provided; however all warranties offered to Aqua -Metric for such materials, <br />software, services or workmanship by third -party manufacturers, vendors, or subcontractors <br />shall be extended to the City of Santa Ana. <br />1.3. Limitations. This warranty will apply only if: (a) the deliverable(s) have been properly installed <br />and used by or on behalf of the City of Santa Ana at all times and in accordance with the <br />instructions in the applicable documentation; and (b) no modification, alteration or addition has <br />been made to the deliverable(s) other than within the Change Order provisions of this <br />Agreement duly executed by the parties hereto. Unless otherwise expressly provided herein, <br />neither Aqua -Metric nor any of its service providers, licensors, employees or agents warrant <br />that the operation of the services will be uninterrupted or error free. Aqua -Metric will not be <br />responsible for any damages that the City of Santa Ana may suffer arising out of use, or inability <br />to use, the services. <br />2. Supplier Warranties. <br />2.1. Supplier warranties provided herein Exhibit C, including Sensus General Limited Warranty, <br />Sensus G500 Limited Warranty, and Sensus AMI System Performance Warranty; shall apply <br />to all material(s), software(s), services, or workmanship furnished under this Agreement. <br />3. Aqua -Metric Installation Warranty. <br />3.1. Aqua -Metric warrants that the work furnished to this Agreement shall be 1) performed in a <br />good and workmanlike manner utilizing the new materials provided by Aqua -Metric and/or the <br />City of Santa Ana; 2) free from workmanship defects incurred within thirty-six (36) inches on <br />the customer side of the meter for a period of thirty (30) days; and 3) in accordance with the <br />standards customarily provided by an experienced and competent professional installation <br />organization rendering the same or similar services. <br />3.2. Aqua -Metric will repair, to a usable and safe condition, customer side service line breaks cause <br />by Concord or a Concord employee incurred within thirty-six (36) inches on the customer side <br />of the meter. <br />3.3. Aqua -Metric does not warrant inoperative, damaged, or leaking valves, setters, backflow <br />preventers, irrigation valves, pressure regulators, unions, ball valves, or customer side valves. <br />25H-140 Page 133 <br />