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5.12 For use of the Model 100 Optical Scan Precinct County Units, the City shall: <br /> • a. Pay the County the amount of One Hundred dollars ($100) per Model 100 Optical <br /> Scan Precinct Count Unit upon delivery to the City of said equipment; <br /> OR <br /> b. Convey to the County Optech IIIP Precinct Count Units equal in number to the <br /> number of Model 100 Precinct Count Units delivered to the City. The City makes <br /> no implied or express warranties concerning the equipment, and the County will <br /> accept the Optech IIIP Precinct Count Units if each is in reasonable working <br /> condition. <br /> 5.13 Maintenance Agreement. The County will enter into a Maintenance Agreement with <br /> Election Systems & Software, Inc., for maintenance of the City equipment at the <br /> expiration of the Warranty Period, determined to be December 31, 2001. The City shall <br /> obtain the services furnished by the Maintenance Agreement directly from Election <br /> Systems & Software, Inc.. The annual fee for said Maintenance Agreement shall be One <br /> Hundred Twenty-five dollars ($125)per unit, and any increase in the fee shall not exceed <br /> three percent (3%) of the prior two (2) year Maintenance Agreement with the County. <br /> The City shall reimburse the County for the County's out-of-pocket costs in securing the <br /> Maintenance Agreement at the time of renewal of said agreement by the County. <br /> Payment by the City shall be made within thirty-five (35) days of receipt of invoice. <br /> • 5.14 Program Service. The County shall, without charge,provide programming services <br /> prior to each time the City uses the Election Equipment. Service for the accumulation of <br /> election results may be made available at the discretion of the County. <br /> 5.15 Inspection and Return of Equipment. The County shall have the right to enter into and <br /> upon the premises where the Election Equipment is located for the purposes of inspecting <br /> the same or observing its use. On an annual basis, during the term of this Agreement, the <br /> City shall comply with the County's request for verification of Election Equipment <br /> inventory. Upon termination of this Agreement,the city shall forthwith deliver the <br /> Election Equipment to the County or its designee, complete and in good order and <br /> working condition. The City shall be responsible for all costs, including but not limited <br /> to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged <br /> Election Equipment. <br /> THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK <br /> • <br /> 5 <br />