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<br />ARTICLE 7 - MAINTENANCE <br /> <br />Datamatic agrees to provide maintenance services on the System subject to the ten11S and conditions set forth herein and upon receipt of the monthly <br />maintenance charge as provided for in ARTICLE 2, Paragraph 2. <br /> <br />1. <br /> <br />DESCRIPTION. Telephone response time from Oatarnatic shall be within two hours of trouble call. The ROADRUNNER and all equipment <br />identified in Schedule A except DA T ASWrTCH, ProgrammingIProfiIing Units and FJREFL Y Meter Interface Units' are to be maintained at <br />Datamatic's headquarters on a best efforts basis. <br /> <br />2. <br /> <br />SCOPE. Datamatic shaJl keep the Hardware and the Datamatic Software in good working order. Maintenance services shan include: <br /> <br />A. Preventive Hardware maintenance as is generally provided by the equipment manufacturers. <br /> <br />B. <br /> <br />Software maintenance, including providing Purchaser with such revisions, updates and improvements in the Datamatic <br />generally makes available to licensees of the Datamatic Software; and <br /> <br />Software as Datamatic <br /> <br />c. <br /> <br />Remedia1 maintenance of both the Hardware and Datamatic Software. <br /> <br />3. <br /> <br />PERFORMANCE OF MAINTENANCE. Purchaser agrees that Datamatic may subcontract Hardware maintenance services under this Agreement. <br /> <br />4. <br /> <br />EXCLUSIONS. Maintenance services shall not include: <br /> <br />A. Repair of FIREFLY Meter Interface Units. <br /> <br />B. <br /> <br />Electrical work external to the Hardware or maintenance of accessories, alterations, attachments or other devices not furnished by Datamatic; <br /> <br />c. <br /> <br />Repair of damage or increa..,>e in service time caused by accident, transportation, negJect or misuse and alterations (which sha]] incJude, but not be <br />limited to, any deviation from circuit or structuraJ machine design as provided by Datamatic); <br /> <br />D. <br /> <br />Repair of damage or increase in service time attributable to the use of the Hardware for other than data processing purposes for which designed; <br /> <br />E. <br /> <br />Furnishing platens, batteries, suppJies or accessories; painting or refinishing the machines Of furnishing materia] therefore; making specification <br />changes or perfonning services connected with reJocation of machines; or adding or removing accessories, attachments or other devices. <br /> <br />ARTICLE 8 - TERMINATION <br /> <br />1. <br /> <br />In the event Purchaser fails to perfonn any non-1l1onetm)' obligation in accordance with the terms and conditions of this Agreement and Datamatîc <br />notifies Purchaser in writing of the details of said failure of perfonnance, then Datamatic may, at its option, terminate this Agreement if Purchaser <br />faiJs to cure said deficiencies in perfonnance within ten (10) days of its receipt of said nOtice. <br /> <br />2. <br /> <br />Licensee may tenninate its license of the Datamatic Software upon sixty (60) days written notice to Datamatic. <br /> <br />3. <br /> <br />In the event either party tenninates this Agreement or the license of Datamatic Software, or should Purchaser fail to make any monthly payment for <br />maintenance, aH Jicenses granted under this Agreement shall be terminated, and Purchaser shall, within fifteen days following such tennination, <br />return to Datamatic the Datamatic Software in whatever fonn retained, and an copies of Datamatic Software documentation. Purchaser shaJJ certitY <br />in writing to Datamatic that Purchaser has so returned the Datamatic Software documentation to Datamatic. <br /> <br />DATAMATIC.COM. LTD <br /> <br />CITY OF SANTA ANA <br /> <br />BY: <br /> <br />Philip J. Masters <br /> <br />TfTLE: <br /> <br /> <br />::,. ~ iil <br />---I /1 -t/A ~ . <br />." / ~ SIG ATURE <br />// <br /> <br />Financial Officer <br /> <br />~/ <br />