loading…
loading…
loading…
Crossroads Software Maintenance and Enhancement Services VDH PAGE 12 Contract # VDH-21-707-0156
5. NEW TECHNOLOGY A. Access to New Technology Supplier will bring to VDH’s attention any new products or services within the scope of the Contract that Supplier believes will be of interest to VDH and will work to develop proposals for the provision of any such products or services as VDH requests. B. New Service Offerings Not Available from Supplier If new or replacement product or service offerings become available and cannot be competitively provided by the Supplier under the scope of this Contract, VDH will have the right to purchase the new or replacement products or services from a third party. If VDH elects to use such new or replacement product or service offerings, Supplier will reasonably assist VDH to migrate to such products or services. If VDH elects to acquire new products or services as described in the paragraph above and such services replace existing Supplier-provided services, discount tiers and any commitments (as applicable per the Contract) will be reduced to reflect reductions in purchases of the replaced products or services.
6. GENERAL WARRANTY THE OBLIGATIONS OF SUPPLIER UNDER THIS GENERAL WARRANTY SECTION ARE MATERIAL. EXCEPT AS PROVIDED IN ARTICLES 6. GENERAL WARRANTY AND 11. WARRANTY AND MAINTENANCE SERVICES THIS CONTRACT AND ARTICLE 15. CLOUD SERVICES WARRANTY OF EXHIBIT K CLOUD SERVICES ADDITIONAL CONTRACT TERMS AND CONDITIONS, SUPPLIER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONCERNING MERCHANTABILITY OR FITNESS FOR ANY OTHER PARTICULAR PURPOSE. Supplier warrants and represents to VDH that Supplier will fulfill its contractual obligations and meet all Requirements as described in Exhibit A. Supplier warrants and represents to VDH that:
A. Ownership Supplier has the right to perform and provide all contractual obligations and provide all needed services or products without violating or infringing any law, rule, regulation, copyright, patent, trade secret, or other proprietary right of any third party. B. Coverage Period Supplier warrants that any Deliverables provided by Supplier under this Contract will meet or exceed the Requirements. Supplier shall correct, at no additional cost to VDH, all errors identified during the warranty period that result in supplier’s failure to meet the Requirement, or its contractual obligations. C. Component Warranty For any Component, the applicable warranty period shall be the period from written acceptance of the Component until Contract termination. D. Interoperability Warranty Supplier warrants that each Component, regardless of the origin of the Component, delivered under this Contract shall be interoperable with other Components so as to meet or exceed the performance specified in the Requirements. E. Performance Warranty With respect to Supplier’s performance under this Contract: i. Supplier shall perform all contractual obligations with the care, skill and diligence, consistent with or above applicable professional standards currently recognized in Supplier's profession, and Supplier shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all plans, information, specifications, Deliverables, and Services furnished under this Contract; and ii. Supplier shall ensure that any contractually-obligated Services or Deliverables, or both, meet or exceed the Requirements and that any Product will function in conformance with the Requirements. F. Documentation and Deliverables Any required Documentation Supplier is obligated to provide under this Contract will be sufficient in detail and content to allow an appropriately trained user/programmer to understand and fully utilize, as applicable, the Deliverables without reference to any other materials or information. DocuSign Envelope ID: D69B105E-7A47-46ED-8B09-C0071CE057F5 DocuSign Envelope ID: 33024638-F519-4808-AF31-3DA182A2CE1E