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