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<br />, . <br /> <br />f. <br /> <br />3. <br /> <br />. <br /> <br />. <br /> <br />TIBURON shail provide a toil-free telephone service for routine operational and technical assistance. <br /> <br />Technical and operational service shail be availabie during TIBURON's normal support <br />hours of 8:00 a.m. to 5:30 p.m. Pacific Time (excluding weekends and TIBURON holidays) <br />and at additional times according to the terms defined in the Schedule of Services and <br />Charges in Exhibit B which is attached hereto and hereby incorporated by reference. <br /> <br />g. <br /> <br />TIBURON shail provide software upgrades and enhancements as per the Schedule of <br />Services and Charges attached hereto as Exhibit B. Any instailation and special tailoring <br />required shail be charged at the Technical Service Rate as identified in Exhibit B. Ail such <br />software provided by TIBURON shail be covered by the terms of this Agreement. <br /> <br />If CLIENT has source code on-site, and corrections for reported problems or defects are due substantiaily <br />to CLIENT's errors or CLIENT's changes to the system environment, or relate to CLIENT-modified portions <br />of the PROGRAM or to portions of the PROGRAM affected by CLIENT-provided software, or if diagnosis of <br />problems reported erroneously shail be performed by TIBURON, CLIENT will be charged at the Technical <br />Service Rate, plus applicable travel and per diem expenses. <br /> <br />CLIENT RESPONSIBILITIES <br /> <br />CLIENT agrees to provide those services and facilities defined below which are necessary for the provision <br />of services by TIBURON under this Agreement. CLIENT and TIBURON agree that the scope and schedule <br />of services to be provided by TIBURON under this Agreement depend upon the timely fulfillment of CLIENT <br />responsibilities. <br /> <br />a. <br /> <br />CLIENT shail assign a coordinator to ensure that CLIENT's duties set forth in this <br />Agreement are met, to coordinate appropriate schedules in connection with TIBURON's <br />services hereunder, and to provide other coordination activities which are necessary for <br />TIBURON to perform its services hereunder. CLIENT shail maintain performance logs <br />documenting trouble cails and availability of on-line systems according to procedures <br />provided by TIBURON. <br /> <br />b. <br /> <br />CLIENT shail assign individuals who are familiar with the PROGRAM, and who are able to <br />provide on-site technical assistance as required by TIBURON to aid TIBURON in performing <br />its services. CLIENT personnel will screen operational assistance cails and handle <br />operational problems where appropriate. <br /> <br />c. <br /> <br />CLIENT shail ensure that appropriate maintenance activities are carried out on a regulariy <br />scheduled basis in accordance with site documentation. This includes but is not limited to <br />backing up the database and journal logs, purging out of date records and running reports <br />and performing diagnostics as requested by TIBURON. <br /> <br />CLIENT shail provide dial-in access to CLIENT's computer, making it accessible by <br />TIBURON for remote service. CLIENT is responsible for the provision of ail local equipment <br />(dial-up modems, telephone termination, communications port, etc.) required to support <br />access by TIBURON. If CLIENT has source code on-site, CLIENT shail also compile <br />programs and run appropriate tests foilowing each remote access as requested by <br />TIBURON. In the event that CLIENT does not comply with these provisions, Technical <br />Service charges as specified in Exhibit B shail apply. <br /> <br />d. <br /> <br />e. <br /> <br />CLIENT shail meet with TIBURON as may be reasonably required to discuss operational <br />issues and the status of the PROGRAM and provide timely responses to issues related to <br />maintenance and PROGRAM performance raised in writing by TIBURON. <br /> <br />CLIENT shail update and maintain the input data as may be required for satisfactory <br />PROGRAM operation, and be responsible for the accuracy of CLIENT-provided data. <br /> <br />f. <br /> <br />V2 Ex! Svc Ex A&B-Santa Ana - 8-28-00 <br /> <br />Page 2 of 6 <br />