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Bentley SELECT <br /> SELECT CSP <br /> Exhibit A <br /> Dated as of February 1, 1998 <br /> I. Covered Products:Use of AMVARs. <br /> 3. Plad'orm Exchanges.Upgrades and Updates. <br /> IOL Bentley shall provide SELECT CSI'serekes to Subscriber(or all kinky Products <br /> licensed by Subscriber.Subscriber shall complete and submit to Bentley the 3:01. Stlasaiber shall have the right to exchange.at no additional charge(other than <br /> SELECT CSI'coverage form from the SELECT l'ricelxak.Subscriber represents and shipping and handling,if applicable).a license for a Pnduct(other than a TIAs <br /> warrants that such form sets l'oNut complete list of all of its Kenley Products as of the Product)meed by SELECT CSI'on one plaiitmi for an equivalent license for <br /> effective date of this Agreement and the locations where such Products are used.Any such Product on ander platform(a'Platform Exchange"). <br /> additional Bentley Produce licensed by Subscriber during the Leon of this Agreement <br /> shall he added automatically In Subscriber's SELECT CSI'coverage hereunder and the 3.02. In Order for Subscriber to be eligible to receive Platform Exchanges.Upgrades <br /> additional SELECT CSP Pees will Ise included in Subscriber's periodic invoices far or Updates.Beeley may require that Subscriber first return the Product for <br /> SELECT CSP component thereof.such as hardware lock or CD-ROSO subject to the Platform <br /> Exchange.Upgrade or Update to the servicing,\IVAli or directly In Bentley. <br /> 1.02. This Exhibit A may lie amended front time to time;however,the Ions of this Exhibit <br /> in effect upon expiration of the initial term of Subscribers SELECT CSI'or any renewal 303. If Subscriber receives a Platform Exchange then Subscriber mast immediately <br /> term shall be applicable for the entire renewal term.A revision of this Exhibit shall not crass using the original Product subject to such Plefoon Exchange.If Sub- <br /> ,take area until 30 day's after it is delivered to the Subscriber. scriber receives as Upgrade and uses such Upgrade then Subscriber muss <br /> immediately cease using the original Product subject to suds Upgrade. <br /> I.03. Bentley nay provide SELECT CSP seniors to Subscriber either directly or.at Its discre- <br /> tion,through authorized M\;Alis,Subscriber acknowledges that M\'ANs are independent i. SELECT CSP FEES <br /> contractors of Bentley.and that there is no agency.partnership or emplovenintployee <br /> relationship luuat.n Bentley'and its NIVAR.s. a01, Applicable Fee, <br /> ILs. Bentley shall have no obligation to provide a response or other service hereunder if . a. Subscriber shall pay to Bentley the applicable SELECT CSI'Suppe Tee for <br /> Subscriber's technical inquin'is caused by:pal incorporation or aachment of a(ea- each Product license set furls in the SELECT CSI'coversge form referred to in <br /> tare.program or device to a Product nal approved or supplial by Bender On any Paragraph 1.01 of this Exhibit A above and each additional Product licensed <br /> nonconformance aused by accident,teanguar:don,neglect misuse,alteration.nxdifi- during the temp hereof.The SELECT CSP Support Fee is based on the total <br /> cation.or enhancement of a Product:lel failure In provide a suitable installation number of Podncts,the applicable price for each Product set forth in tile <br /> environment;Id I use of the Product other than as learned in its Document Setor • SELECT Prin hack as of the Effective Date at:tic additional Products purchased <br /> lel failure to incorporate any Update previously retcased by Bentley.Bentley shall during the tern hereof.as of the date of such license and,the tenth of the h- <br /> oller SELECT CSP for a given revision of a Produce,for at least twelve months,or until nal subscription selected by Subscriber on the SELECT CSP coverage form from <br /> list Upgrades have been prepared by Bentley.whichever occurs first. die SELECT I'ricelxxtk. <br /> 2. SELECT CSI'Services.SELECT CSP consists of the following services: h. Calculation and payment of the SELECT CSP Support Fee for each Product <br /> shall be based on the load price and local currency of the Subscriber's Site <br /> 2.01. Periodic distribution to Subscriber of Upgrades.Updates.the SELECT Sieeamsa CD for each Pndun. <br /> ;ted the SELECT Product Lihraay CI).as and when published by Bentley.Bentley shall <br /> furnish In Subscriber one paper copy of the Document Set for each Product used at a c. Bentley shall initially invoice 9abunler for one(I)year of SELECT C51'Sup- <br /> Site(regardless of the number of licenses for such Product at the Site and excluding port Fees for all Pnduct licenses set forth in the SELECT CSP coverage loon <br /> TERM Products). referred to In Paragraph 1.01 of this Exhibit A. Bentley shall thereafter invoice <br /> Subscriber for SELECT CSI'Support Fees on a quarterly basis to reflect Product <br /> 2. <br /> 02. MR Training to Subarilhrt licenses which Subscriber has purchased after the Effective Date;and/or are no <br /> longer in prepaid status.Quarterly invoices will be issued as of the first day of <br /> 2.03. TechnicalSupport sen'ices 10 Subscriber.which includes telephone,facsimile demonic each calendar quarter(e.g.January I,April 1.baby I,Oaolaer U.Quarterly <br /> mail and Internet basal.ntpptnt to assist Subscribers regarding the use of Bentley Prodi <br /> invoices reflecting neve Product licenses will include a prorated amount reflecting <br /> tins and reasonable ehons«;respond to technical inquiries within four hours during mreage of the Product under SELECT CSI'during the preceding calendar quarter • <br /> regular business boon.All TechnicalSupptn serviced(other than facsimile)will be <br /> plus the full amount for the resent calendar quarter.Bentley may modify this <br /> available seven days a week.24 hours per day.provided that after normal business invoicing maim at tiny time. <br /> Nuts at a Subscriber's regional suppon ligation.Subscriber may he required to contact <br /> :mother penalty support center. d. Certain non.US.Sites may be subject 10 an additional membership fee where <br /> such a fee is applicable generally to Bentley SELECT subscribes located in the <br /> 2.04. Periodic distribution la Subscriber of newsletters made available by Bentleypemaining to ane country as such Site <br /> Technical Support and troubleshooting suggestions. <br /> 4.02. Changes to Fees.The fees listed in the SELECT Ihicelxxtk in effect as of the Effective <br /> 2.05. If Subscriber experiences a prdunion stopping anomaly,Bentley will use good faith <br /> Dam.of with respect to additional Products licensed,as of the date of such purchase, <br /> efforts to create an appropriate solution and deliver it on a priority build CD MAT <br /> remain in effect for Subscriber until the next change In the Effective Date <br /> hereunder(renewal date),al which time die fees shall be changed to(hose listed in <br /> 2.06. Access to SELECT Online as described in Exhibit L the SELECT Pricelxmk as of such Effective Date,provided that no changes shall be <br /> effenive unless Subscriber receives notice of such changes(including,without limita- <br /> tion.by delivery of a revised SELECT Pricehmk)at least thdny(301 days prior to such <br /> new Effective Date. <br /> +03. Reinstatement Following Termination.Following a termination of SELECT CSP, <br /> SttlnTier Mary reinsure suds services only if Bentley consents to.such reinsatement <br /> and Subscriber pays to Bentley.in advance,all fees that would have armed and been <br /> p.aaisle,excluding discounts.for the period between the date of termination and the <br /> dam of reinstatement. <br />