Unimark EC3000 Series Especificaciones Pagina 54

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AIMS System and Services Agreement Page 54 of 60
operating and Checkpoint VPN client Software at its location to permit the remote
access via a secure and encrypted VPN to the Airport's network. Contractor will
assume its respective telephone and/or internet access costs incurred to perform
support on the system by remote access. Contractor represents and warrants
that while performing support by remote access it will use all commercially
available methods to not transmit any type of undocumented Software routines or
other elements which are designed to or capable of permitting, allowing or
causing: (a) unauthorized access to or intrusion upon; (b) disabling of; (c)
erasure of; or (d) interference with any Hardware, Software, data or peripheral
equipment whether directly or by transference. In the event of a breach of this
representation and warranty, Contractor shall be responsible for and pay the
County for any and all actual harm, injury, damages, costs and expenses
incurred by County by reason of the breach.
20.34 Warranty as to Intellectual Property Infringement. Contractor represents and
warrants that at the time of entering into the System Agreement no claims have
been asserted or action or proceeding brought against Contractor which alleges
that all or any part of the Licensed Software to be supplied by Contractor or the
operation or use thereof by County, infringes or misappropriates any patent,
copyright, mask copyright or any trade secret or other intellectual or proprietary
right of a third party, nor is Contractor aware of any such potential claim.
Contractor also represents and warrants that its Services to be provided pursuant
to the System Agreement to modify the Licensed Software will not infringe or
misappropriate any patent, copyright, mask copyright or any trade secret or other
intellectual or proprietary right of a third party.
20.35 Codes/Regulations. Contractor, as it relates to the Services required to be
performed herein, represents and acknowledges to the County that it and its
subcontractors are knowledgeable as to any and all codes, rules and regulations
applicable in the jurisdictions in which the project is located and the funding
sources for the project and any Optional Services, including without limitation,
County and local ordinances and codes, Florida laws, rules, regulations and
grant requirements, and Federal laws, rules, regulations, advisory circulars and
grant requirements, including without limitation, Passenger Facility Charge
requirements, requirements of the Americans with Disabilities Act, and
requirements of the Federal Aviation Administration ("FAA"), and the Federal
Transportation Security Administration ("TSA") and the Florida Department of
Transportation ("FDOT"). In the performance of Services under the Agreement,
the Contractor and its subcontractors shall comply with all such laws, codes,
rules, regulations, advisory circulars and requirements now in effect and as may
be amended or adopted at any time during the term of the System Agreement,
and shall further take into account in the performance of its Services hereunder,
all known or publicly announced pending changes to the foregoing. The
Contractor and its subcontractors shall provide any and all certifications to the
County as to compliance with such laws, codes, rules, regulations, advisory
circulars and requirements, as may be required by any governmental body,
including FAA, TSA, FDOT and County agencies, or as may be requested by the
Exhibit 3
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