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DocuSign Envelope ID:4B1AA7EB-B8B7-4914-AFCE-D22E155BC416 <br /> 7. Anything to the contrary herein notwithstanding, Seller shall notify Purchaser <br /> when the hardware and software have been installed and the integrated Vesta 9- <br /> 1-1 VoIP system and Vesta work stations have been tested and are ready for <br /> Purchaser to begin training as provided for herein. If errors are encountered in <br /> the Vesta 9-1-1 system, work stations or software during the set up and <br /> installation, Seller shall promptly correct those errors. If Seller is unable to <br /> correct such errors or defects which prevent the Beneficial Use of the Goods by <br /> Purchaser within a"commercially reasonable time", which term as used herein <br /> shall not be construed in any event to exceed 30 days beyond the otherwise <br /> required performance of Seller's duties hereunder within 120 days of executing <br /> this Agreement, then this contract shall automatically terminate at 11:59PM of <br /> the 150th day from the date of contract signing without any need for notice to <br /> either party thereof. If such termination shall occur, Seller shall refund within <br /> 180 days of the execution of this Agreement to Purchaser, all payments by it for <br /> the Vesta 9-1-1 system, work stations, software and related equipment and <br /> materials. In the event of termination pursuant to this provision, Purchaser <br /> agrees to cooperate in good faith with Seller in providing access to and <br /> coordinating with Seller the uninstallation and return of all Goods that were <br /> delivered to Purchaser prior to such termination, the costs of which including <br /> but not limited to the cost of any uninstallation,packaging, and/or shipping shall <br /> be paid solely by Seller. The warranties provided for herein will begin as of the <br /> date Purchaser receives Beneficial Use of the equipment. The term "Beneficial <br /> Use" as used herein shall be defined as: reception of true and actual 911 calls <br /> which includes the delivery of Automatic Number Identification(ANI), <br /> Automatic Location Identification(ALI), a mapping data stream, and successful <br /> interface of data with the CAD System for a minimum uninterrupted and error <br /> free period of 7 days following the completion of installation and training of <br /> personnel, provided however that any such interruptions suffered in reception <br /> which can be positively attributed to a source not caused by Seller or the Goods <br /> shall not qualify as an interruption for purposes of the foregoing definition. <br /> Warranties <br /> 8. The Seller warrants that(1) the Seller is the legal owner of the Goods; (2) the <br /> Goods are free from all liens and encumbrances; (3) the Seller has the right to <br /> sell the Goods; and (4) the Seller will warrant and defend the title of the Goods <br /> against any and all claims and demands of all persons. <br /> 9. The Seller warrants that the Goods will be fit for the purpose for which such <br /> goods are ordinarily intended. <br /> 10. The Seller warrants that the Goods are now free and at the time of delivery will <br /> be free from any security interest or other lien or encumbrance, except the <br /> security interest created in this Agreement until the Seller is paid in full. <br /> 11. The Seller warrants that the Goods will be delivered free of the rightful claim of <br /> any person arising from patent or trademark infringement, and that in the event <br /> Sales Agreement Page 3 of 11 <br />