|
<br />Revision Three, Exhibit A, 1 of 3
<br />
<br />SYMCO GROUP, INCORPORATED
<br />
<br />18980724
<br />(Rillerence Number)
<br />
<br />EQUIPMENT MAINTENANCE AGREEMENT
<br />
<br />WITH THE OBJECTIVE OF KEEPING YOUR UNISYS EQUIPMENT IN SATISFACTORY AND EFFICIENT OPERATION,
<br />SYMCO GROUP, INCORPORATED AGREES TO FURNISH MAINTENANCE SERVICE AT OUR DESIGNATED
<br />LOCATION ON THE EQUIPMENT LISTED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
<br />
<br />1. TERM
<br />The initlal term of the Agreement shall be ~ years tom the date accepted and
<br />executed by an authorized representative of SYMCO (the -effective date") and
<br />thereafter may be renewed on a YEAR .10- ~ basis unless terminated
<br />by either party upon ~ days written r.o~ce priot to the end of !he then current
<br />term.
<br />
<br />2. MAINTENANCE
<br />a SYMCO shall provide maintenance and parts to maintain equipment in
<br />good operating condition. Such main~enance shall be provided as
<br />required, and at such charges as desis;nated by this contract.
<br />
<br />b Parts necesSary to the proper functioning of the equipment shall be
<br />furnished at no addilional cnar>;8, except parts damaged by causes listed
<br />in Paragraph B.b herein.
<br />
<br />3../ArrACHMENTS
<br />, CUSTOMER agrees not 10 employ addi~onal attachments, fealures, or
<br />devices to the equipment, make alteralions to th.:t equipment, or permit the
<br />maintenance of the equipment by other than SYMCO personnel wiltlout the
<br />written consent of SYMCO. SYMCO shall not be liable for toss or
<br />damage to CUSTOMER resulting therefrom, and CUSTOMER shall be
<br />liable 10 SYMCO for any service costs incurred by SYMCO as a
<br />consequence thereof.
<br />
<br />4. SUPPLIES
<br />Maintenance charges do nol include ltle furnishing of supplies (such as
<br />ribbons, cards, paper tape, paper ferms, or magnetic tape). Only supplies
<br />which meel Unisys specifications shall be used by CUSTOMER when tt":e
<br />performance or maintenance of lhe equipment may be affected
<br />
<br />5. SHIPMENT OF EQUIPMENT (IF DEPOT MAINTENANCE)
<br />a The parties agree lttat the method of eGuipment packaging and shipment
<br />both to and from the Service Depot. shall be in accordal"'.ce with
<br />commercially reascnable standards, consistent wilh' the nature of the
<br />equipment and the Mazards of L-ansportation and handling. CUSTOMER
<br />agrees to package L~e equipment along with Hs service log in an
<br />authorized SYMCO container for shipmet"lt to the Service Depot SYMCO
<br />agrees to relurn t"le serv~ced equipment to the CUSTO,"tER in an
<br />authorized SYMCO container.
<br />
<br />b All transporta~on ex;;-enses ....ill be tome by CUSTOMER
<br />
<br />6. CHARGES AND PAYMENTS
<br />a CUSTOMER agrees to pay maintena~ce charges upon submission by
<br />SYMCO of a cor~t invoice thereof. Invoices shall be submitted on or
<br />about the first day 01 each period for which services are to be provided.
<br />
<br />ACCEPTED
<br />
<br />SYMCO GROUP, INCORPORATED
<br />3073 McCall Drive, Suite 1
<br />Atlanta, Georgia 30340
<br />
<br />BY
<br />
<br />TITLE
<br />
<br />tf5 AUTHORIZED S!GNATURE
<br />. .
<br />/lktl(~..,y
<br />
<br />DATE
<br />
<br />q _ Z / - Z-CO (
<br />
<br />b. This agreement may be suspended by SYMCO without notice, it payment
<br />is thirty (30) days In arrears, or terminated by SYMCO, without r.o~ce, if
<br />payment is sixty (60) days in arrears
<br />
<br />c. Any applicable tax will be added 10 otber charges specified.
<br />
<br />7. CUSTOMER INSTAlLATION RESPONSIBILITIES
<br />CUSTOMER shall; (I) continuously maintain a lag ot system use and
<br />performance and make same available to SYMCO upon request, (ii)
<br />con~nuously maintain environmental conditions, electrical requirements and
<br />site tacm~es in accordance with Unisys recommendations and
<br />specifications, (Hi) not abuse or misuse t/".e equipment and (iv) insure that
<br />CUSTOMER pel'1onnel are adequately trained to operate the equipment.
<br />
<br />8. GENERAL CONDITIONS
<br />a. The equipment must be in good operating condition on the Effective Date
<br />of this Agreement
<br />
<br />b. SYMCO Is not obligated under the terms of this Agreement to repair
<br />damage to equipment caused directty or incirectly as a result ot accident,
<br />neg:liger.,~, or abuse of or by CUSTOMER or third parties. failure of
<br />CUSTOMER to maintain required environmentai cor.ditions; causes external
<br />to the system such as electrical power l'luctuatioo or fa~ures; lire,
<br />windstorm, the elements, or acts of God. Sl,;ch repair will be rendered
<br />upon specific order by CUSTOMER, ar1d af'..er approval by CUSTOMER of
<br />the e.s~mated charges thereot.
<br />
<br />c. This Agreement sMail be transferable ....ith tr.e consent of SYMCO and
<br />CITY OF SA.NTA ANA, ar.d upon transfer shall remain in effect until
<br />tarmir1a~ed as h.;orein provided
<br />
<br />d. l,~ NO EVENT SHALL SYMCO BE UA3LE FOR LOSS OF PROFITS,
<br />INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES
<br />ARiSING OUT OF A,~Y BREACH OF THIS AGREEMENT OR
<br />OBLlGA110N UNDER THIS AGREEMENT.
<br />
<br />e. This Agre-emenl may not be amended e;(:ept in .....Titir:g signed by an
<br />aut,~orizad representative of CUSTOMER and SYMCO. Tnis Agreement
<br />constitutes the en lire agreement be~Ne-en the parties and supersedes all
<br />prior communications, proposals or agreements relating to maintenar.ce
<br />service of the equipment.
<br />
<br />t. It is agreed that the laws of the Stale ofCalifomia shall govem without reference
<br />to It:e place of execution of performance of same. Any ar1d alllegsl action to be
<br />transacted or brought in the courts of the Sta!e of Caijfcmia.
<br />
<br />CUSTOMER SY ITS SIGNATURE ACKNOWlEDGES THAT IT HAS
<br />READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO ALL
<br />ITS TERMS AND CONDITIONS.
<br />
<br />NAME
<br />
<br />CITY OF SANTA ANA
<br />
<br />AODRESS 20 CIVIC CENTER PLAZA
<br />SANATA ANA. CALIFORNIA 92702
<br />77~~~
<br />
<br />h J AU.IHORIZEO IONA TURE
<br />Tomas . Gergen
<br />TITLE H~T1~f'p.rJ Tnformation Services
<br />
<br />C/Srz
<br />
<br />BY
<br />
<br />DATE 18 September 2001
<br />
<br />.""
<br />
|