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<br />. <br /> <br />. <br /> <br />. <br /> <br />IV. RESI'ONSIllILITIES OF TIIE l\lUNICIPALITIES <br />A. Implementation <br />1. Each of the Municipalities shall appoint a Project Manager with the <br />authority to make binding dccisions on bchalf of the Municipality. <br />2. Within thirty (30) days of execution of this Agreement by a <br />Municipality, the Municipality shall notify the County, in writing, ifit <br />wishcs to makc payment for thc acquisition costs of tabulators and <br />administrativc equipment ("Equipn~cnt Costs") on a onc-time <br />rcimbursement basis or ovcr a five-year period. A Municipality may not <br />revoke its decision at any time after notice has been given. <br /> <br />B. Post-Implementation <br />Each of the Municipalities is responsible for testing and diagnostic services for <br />the tabulators located at the Municipality's site, including any backups. TIle <br />County is not liable for System failure or improper election results due to the <br />failure of a Municipality to test or diagnose its tabulators or to improperly test or <br />diagnose them. <br /> <br />C. Each of the Municipalities is responsible for payment in accordance with the <br />provisions of this Agreement. <br /> <br />V. <br /> <br />OWNERSIlIl'/SOFTW ARE LICENSE <br />A. The County will initially own all System Equipment. <br /> <br />B. Upon payment in full to the County in accordance with the terms of this Agreement, each <br />of thc Municipalities will own the tabulator(s) it pays for. The County will maintain <br />owncrship of backup tabulators, whether housed at thc County's site or at thc <br />Municipalities. <br /> <br />C. The County is the sole Licensee of the System software. <br /> <br />VI. WARRANTY <br />A. TilE COUNTY MAKES NO REPRESENrATIONS AND EXTENDS NO <br />WARRANTIES WIlli RESPECT TO TIlE USE OF THE SYSTEM OR <br />TABULATORS AND SPECIFICALLY DISCLAIMS ALL OTHER <br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED <br />TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS <br />FOR A PARTICULAR PURPOSE. <br /> <br />B. <br /> <br />Vcndor Wananty <br />1. The County represents that the tabulator/sofhvare vendor has warranted <br />the tabulators/software for a period of two years after delivery and has <br />stated that, upon transfer of ownership of tabulators in accordance with <br />the provisions of Section V.B. herein, the warranty from the tabulator <br />vendor transfcrs to the purchasing Municipality. <br /> <br />Elections JP A <br /> <br />40f25 <br />