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GUARDIAN RFID <br />Upon request of the Customer made within one (1)year after the expiration or termination of this <br />Agreement,GUARDIAN RFID will run a report and send the Customer the Inmate Data in <br />spreadsheet form. <br />12.REPRESENTATIONS OF GUARDIAN RFID <br />(a)No Infringement.GUARDIAN RFID represents to the Customer that: <br />(i)GUARDIAN RFID owns or otherwise has rights in the GUARDIAN RFID Software Materials <br />and has the full legal right to license the GUARDIAN RFID Software Materials in accordance <br />with this Agreement,and <br />(ii)GUARDIAN RFlD has no actual knowledge that the GUARDIAN RFID Software Materials <br />infringe or rnisappropriate any patent,trademark,copyright,or any trade secret or proprietary <br />right of any person or entity. <br />(b)Condition of Hardware.GUARDIAN RFID represents to the Customer that,at the time of delivery, <br />the Hardware will be new and unused,and that the Customer will acquire good and clear title to <br />the Hardware,free and clear of all liens and encumbrances. <br />13.WARRANTIES <br />(a)GUARDIAN RFID Software. <br />(i)GUARDIAN RFID warrants to the Customer that,during the Term of this Agreement,the <br />GUARDIAN RFID Software will operate in accordance with and otherwise conforrn to the <br />Documentation,provided that (A)no party other than Authorized GUARDIAN RFlD Personnel <br />has altered any portion of the GUARDIAN RFID Software,(B)the GUARDIAN RFID Software <br />is operated on the Hardware,and (C)the Customer has met its obligations under Section 14. <br />(ii)In the event of a claim by the Customer under this GUARDIAN RFID Software warranty, <br />which claim should be made by notice to GUARDIAN RFID specifying with reasonable <br />particularity the claimed non-conformity (a "Notice of Non-Conformity"),GUARDIAN RFID will <br />use reasonable efforts to correct the non-conformity.If within si×ty (60)days after receipt of <br />the Notice of Non-Conformity from the Customer,GUARDIAN RFID shall not have either <br />corrected the non-conformity or,in the case of a non-conformity which cannot be corrected in <br />sixty (60)days,begun in good faith to correct the non-conformity,then the Customer's sole <br />remedy under this warranty is to terminate the Agreement in accordance with the provisions <br />of Section 18(d),in which case the Notice of Non-Conformity sent by the Customer pursuant <br />to this Section will be deemed to be the notice required by Section 18(d).If the non- <br />conformity which cannot be corrected occurs prior to the time the GUARDIAN RFlD System <br />meets the Acceptance Criteria pursuant to Section 9(c)and the Customer terminates the <br />Agreement pursuant to Section 18(d),then the Customer will receive from GUARDIAN RFID <br />a refund of all fees paid under the Agreement,in which case the Customer must return to <br />GUARDIAN RFID the GUARDIAN RFID Software Materials licenses,Hardware,licenses to <br />use and access GUARDIAN RFID OnDemand and other products purchased from <br />GUARDIAN RFID.In no other circumstances will GUARDIAN RFID be obligated to provide a <br />refund of fees paid under the Agreement or be obligated to accept the return of Hardware or <br />other products purchased from GUARDIAN RFID. <br />(b)Hardware.GUARDIAN RFID will be solely responsible for processing and managing all Hardware <br />warranty claims during the Term of this Agreement.All coverage periods for purchased Hardware <br />begin on the latest to occur of (1)the Go-Live Date or (2)the date the Hardware is purchased, <br />and ends on the earliest to occur of (1)the end of the warranty period provided in this Section <br />GUARDIAN RFID System Agreement |12 <br />©2020 GUARDIAN RFID.All rights reserved.GUARDIAN RFID is a U.S.registered trademark. <br />Confidential &Proprietary.(Rev.7/2020)