Item 13 - Library Automation System and Hosting Services

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The Library Coporation 12.2. Licensed Software Updates will be made upon release. 12.2.1. The Library Corporation agrees to notify the Library at least 12 months prior to the release of a mandatory Licensed Software Update that would require a Hardware enhancement. 12.3. The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support -related services. 12.4. After a period of five years from the date of execution of this Agreement, The Library Corporation can discontinue Software support upon two years written notification #o the Library and the warranties provided by Section 12.1 of this Agreement shall remain in affect. 12.5. The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation as a result of the Library's use of (a) third -party Hardware or Software, and/or (b) Databases and networks external to the Libra ry#Solutlon@ System, in conjunction with the Library-SolutionO System. When resources are available, The Library Corporation may provide consultation services or assistance relating to the Librarys use of such thlyd-party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then -published rate, for such services and assistance. 13. The Library's Election of Hosting Services. The Library has elected to receive Hosting Services for operation and delivery of the System to be provided as a .Hosted Solution according to the provisions of the Hosting Services Agreement that is to be separately executed by the parties In addition to this Agreement. 13.1. Acceptance and Payment The Hosting Services Agreement contained in Schedule I of this Agreement defines procedures for Acceptance of the Hosted Solution and Hosting Services that is a prerequisite for full payment of the amounts duo under this Agreement as specified by Schedule H, 14. Special considerations. (A) TLC acknowledges that the library's financial commitment in purchasing and maintaining the system is substantial and that the library enters Into the contract expecting vendor will remain in business in the foreseeable future to service and maintain the system and fulfill TLC's obligations. Accordingly, TLC represents and warrants that it: a. Has not received any notice or claim from any other party that any portion of the system is being used contrary to or in violation of another party's patent, copyright, trademark, trade secret, license, or other intellectual property interest; b. Is not now negotiating for the sale or transfer of its business or assets to another entity or company;