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City of Santa Ana <br />Server Upgrade Proposal <br />May 8, 2013 <br />Page 5 <br />to furnishing a repaired or replacement part or, at its option, to repairing the defective part F.O.B. <br />Transdyn's plant. Contractor shall pay cost of field labor. This warranty excludes equipment or <br />services damaged due to: abuse: accident; alteration or repair by anyone other than Transdyn's <br />authorized representatives; improper storage; misuse; improper maintenance; failure to observe <br />instructions; improper or unauthorized access or use; hacker or cracker intrusion or disruption; <br />distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or <br />corruption of data, programs or information; failure of network security; or other acts, omissions, <br />torts or crimes. Transdyn reserves the right to investigate claims by Contractor as to defects. <br />Contractor shall pay costs to investigate invalid claims and for any repair or replacement shown by <br />investigation not to be covered by warranty. Products supplied but not manufactured by Transdyn <br />shall be subject only to the warranty extended by the original manufacturer. <br />THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF <br />ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED <br />(INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR <br />PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF <br />DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT <br />INFRINGEMENT. <br />Transdyn appreciates this opportunity to submit our proposal. Should you have any questions or <br />comments, please do not hesitate to contact the undersigned at 925- 225 -1600. <br />Very Truly Yours, <br />Transdyn,Inc. <br />Pi <br />Philip J. Jacobs <br />Sr. Project Manager <br />TRANSDYN, INC. • 4256 Hacienda Drive, Suite 100 • Pleasanton, CA 94588 <br />'fel: (925) 225 -1600 •E jgMT wv,.tou,.dvn.co., <br />25C-19 <br />