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IWS Renewal Maintenance Agreement 10/5/2001 critical Items and are only supported by IWS during the initial 45 days after their installation. 2.5.3 Software Only Installations: If the System server(s) and/or Capture Station(s) and/or Investigative Station(s) hardware, on which the IWS software resides, has/have not been purchased directly from IWS, IWS will not be obligated to provide Remedial Maintenance via remote access software. If, however, CITY has installed IWS approved remote access software, IWS, at its sole discretion, may provide Remedial Maintenance via remote access software. 2.6 Extra Services. Extra services ("Extra Services") shall consist of any maintenance services with respect to the System, other than Preventive Maintenance and Remedial Maintenance, but including without limitation, Excluded Services (as defined below). IWS shall be under no obligation to perform any Extra Service but may undertake to make a good faith effort to render such services to the extent that it is capable of doing so without substantially interfering with its other obligations under this Agreement or its obligations to other customers. Extra Services will be charged to the CITY on a time and materials ???? basis as determined by IWS and CITY will pay such charges as invoiced by IWS. If so requested by CITY, IWS shall provide a written estimate of the extra charges likely to be incurred as a result of the performance of such Extra Services, to the extent such charges can be reasonably ascertained in advance. 2.6 Excluded Services. For the purpose of this Agreement, "Excluded Services" are those services that IWS is not obligated to perform for the Maintenance Fee, but may perform for extra compensation as set forth in Section 2.6. Excluded Services shall be defined as: (a) the replacement of any hardware as is required by age, duty cycle, obsolescence or excessive use; (b) the replacement of any hardware or the support of third -party software where service or support for such hardware or such third -party software is no longer provided by the original equipment manufacturer of such hardware or the original vendor of such third -party software; (c) the update or upgrade of third -party software, including operating system(s); (d) the replacement of supplies or expendable items (e.g. ink rollers, ribbon cartridges, toner cartridges, fusers, paper, film, diskettes, tape cassettes, lamps, etc.); (e) any maintenance services to be performed on any software, hardware or other item not furnished by IWS to CITY or any other work external to the System by anyone other than IWS; or (f) any maintenance services necessary or appropriate in order to correct any System Failure, or potential failure, attributable in whole or in part to any of the following factors, or any combination thereof: 2.7 Time and Material Rates : Set forth in Exhibit B. 2.7.1 Failure by CITY to provide or maintain a suitable installation environment as the System site in accordance with the operations documentation, and any other reasonable requirements thereafter communicated in writing by IWS to CITY, Page 4 ver 02-29-01