AIMS System and Services Agreement Page 29 of 60
13.4 In the event a determination of a dispute pursuant to Section 13.3 is
unacceptable to any of the parties hereto, the party objecting to the determination
must notify the other party and the Director of Purchasing in writing within ten
(10) calendar days of receipt of the written determination. The notice must state
the basis of the objection and must be accompanied by a statement that any
Contract price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) calendar days after such notice, the parties may participate in
mediation to address all objections to any mediator mutually agreed upon by the
parties. Should any objection not be resolved in mediation, the parties retain all
their legal rights and remedies provided under state law. If the parties agree to
mediation, the prevailing party shall be entitled to reimbursement of any costs of
mediation incurred by such prevailing party.
ARTICLE 14
DATE STANDARDS
Contractor warrants that each item of Software that it delivers, develops, modifies, or
recommends to County for use under the Agreement shall be able to accurately store
and process date/time data in four (4) digit year fields (including, but not limited to,
calculating, comparing, interfacing and sequencing) from, into, and between the
fourteenth through the twenty-second centuries, and leap year calculations. The
duration of this warranty and the remedies available to County for breach of this
warranty shall be as defined in, and subject to, the terms and limitations of Contractor’s
warranties contained in the Agreement; provided that notwithstanding any provision to
the contrary in any such warranty provision(s), or in the absence of any such warranty
provision(s), the remedies available to County under this warranty shall include repair or
replacement, at no cost to County of any of the products whose noncompliance is
discovered and made known to Contractor in writing, within three (3) years after Final
Acceptance of the System by County. Nothing in this warranty shall be construed to
limit any rights or remedies County may otherwise have under the Agreement with
respect to defects.
ARTICLE 15
WORK MADE FOR HIRE
"Custom Work Products" means all finished or unfinished documents, data, studies,
maps, models, photographs, reports, etc., or any portions thereof, (including all
information, ideas, results, data, improvements, developments, functional and technical
designs, routines, subroutines, data diagrams and the like) created by Contractor after
the Effective Date which are the result of or derived from any of the Services provided
by Contractor in furtherance of the work performed under Exhibit A, "Statement of
Work," or other Services rendered to County under this System Agreement. "Custom
Work Products" also means application Software or computer programs, documentation
and technical information or any portions thereof, finished or unfinished, (including any
project specific information, ideas, results, data, improvements, developments,
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