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City Santa Ana Maintenance and Service Contract Proposal May 7, 2013 Page 3 THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. Maintenance and Service Requests a) All maintenance and service requests shall be documented by the Client (i.e. fax, memo, etc.) for future reference and administrative purposes. All maintenance and service requests shall be acknowledged in writing by Transdyn, including diagnosis and corrective actions taken. b) All on -site services provided will be documented on field service reports which will be submitted to the Client daily as services are provided. Standard Scheduling and Availability a) Transdyn personnel will be generally available during normal working hours, 8:00am - 5:00pm, Monday through Friday. Scheduling of maintenance and service work will be based upon current personnel schedules and availability (i.e. at the time of any given request), and the priority of the request. Priorities for maintenance and service requests will be determined on a case -by -case basis. b) Transdyn personnel will also be available for on -call telephone consulting and troubleshooting services, outside the normal work schedule defined above. Accepted: $20,000 Miscellaneous Professional and Support Services c) Additional services and /or materials provided on request will be billed at our published Professional and Support Services rates on a Not to Exceed (NTE) basis. Accepted: NTE $25,000 Resident Maintenance and Service Personnel a) One resident Transdyn Service Engineer will be assigned on a full -time basis to perform preventative and corrective maintenance on -site during normal working hours based upon an 8- hour /day, 40- hour /week schedule. The starting time of daily shifts will be in accordance with normal Client maintenance personnel. Accepted: $ Not included One resident Transdyn Service Engineer will also be available for on -call telephone consulting and troubleshooting services, outside the normal work schedule defined above. All services provided upon an on -call basis will be billed per Transdyn's published Professional and Support Services rates. Accepted: Time & Material Not Included TRANSDYN, INC. • 4256 Hacienda, Drive, Snim 100 • Pleasanton, CA 94588 TeL (925) 225 -1600 • Faz: (925) 225 -1610 • ..tranedyn.eo. Exhibit A 25C -12