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Unless otherwise stated, all product warranties are as written with each manufacturer's initial <br /> product warranty enclosed with each purchased hardware or software product. TKB will <br /> forward to the client any direct vendor to end-user warranties received by TKB (except as <br /> specifically provided herein).There are no other warranties, express or implied including but <br /> not limited to any warranties of inerchantability or fitness for a particular purpose made to the <br /> client, and the client hereby acknowledges that there are no such warranties in existence <br /> hereunder. <br /> Insurance <br /> Customer's insurance requirements, identified as Appendix A to the Request for Proposals, are <br /> hereby incorporated by reference. <br /> Taxation <br /> Customer is exempt from sales and use taxes on otherwise taxable goods to be furnished under <br /> this contract, and shall not be responsible for payment of the same. Customer shall provide TKB <br /> written proof of exempt status upon request. <br /> Limitation of Remedy <br /> TKB shall not be liable for any damages caused by the delay in furnishing ser��ices or other <br /> performance under the agreement.The sole and exclusive remedy for any breach of warranty, <br /> express or implied,including services furnished under this agreement and all other performance <br /> by TKB under or pursuant to this contract shall be limited to the re-performance of any defective <br /> service provided by TKB and shall in no event include any incidental or consequential damages. <br /> Title and Insurance <br /> Title to the equipment and software shall remain with TKB or third party lessor until entire <br /> balance of the purchase is received in full. All purchased products shall be fully insured by <br /> Customer for the full replacement value of the proposed order from delivery until fully paid. <br /> Customer shall use all necessary means to protect such equipment against damage and to <br /> protect TKB's title to the purchased items. It is understood that Customer is liable for any I <br /> amounts owing at the time of loss of product or parts thereof for any reason whatsoever. <br /> Liens and Encumbrances <br /> Customer shall not allow any liens or encumbrances to attach to the equipment or software and <br /> shall not remove said purchases from its original place of installation without TKB's written <br /> permission. TKB may, at any time,substitute its own performance with that of appropriate sub- <br /> contractors who shall be bound by the terms of this agreement. <br /> Sottware Licenses <br /> Laserfiche Proposal for the City of Decatur Page 3 of 6 <br />