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4. Time of Performance by Contractor. The Profiles Package shall be fur- <br />nished to Purchaser within 90 days from the latest of any of the following: (a) <br />date of receipt by Contractor of this agreement fully executed by Purchaser; (b) <br />date the current -year computer tape to be used in compiling the Profiles Package <br />becomes available; or (c) date Contractor accepts in writing as satisfactory for <br />use, any coding guide material to be furnished by Purchaser. If delay in the <br />performance of this Agreement is occasioned by circumstances above and beyond <br />the control of Contractor, including but not limited to labor disputes, wars, <br />national disasters or other calamity the time for performance under this Agreement <br />shall be extended for a period equal to the duration of the delay. <br />5. Warranty. The Contractor warrants to the Purchaser that the information <br />provided in the Profiles Package is as accurate, correct, current and complete <br />as may be achieved using the source data, processing methods and procedures for <br />preparing Coding Guides normally employed by the Contractor. This warranty is <br />in lieu of all other warranties and in no event shall the Contractor be liable <br />for special or consequential damages. <br />6. Additional Terms and Conditions. This Agreement is subject to and incor- <br />porates herein by reference any provisions required by law or regulation to be <br />attached hereto and entitled "Additional Terms and Conditions ". <br />7. Entirety of Agreement. This Agreement embodies the entire Agreement <br />between the parties hereto and may be waived, amended or supplemented only in <br />writing executed jointly by the Purchaser and Contractor. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be executed <br />in triplicate the day and year first above written. <br />WITNESS: <br />WITLESS: <br />R. L. POLK & CO., a Delaware <br />corporation (Contractor) <br />By: <br />R. S. Hanel <br />Vice President and Manager <br />Urban Statistical Division <br />Date: June 22, 1977 <br />By: <br />Date: <br />I <br />