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:h/\!'-i :\1"1 INTE~?I\?H 'iV') Y. r'/~,\,' f;'~~UcELu ".d\~\ OF c.OU~JC!L :Jjiit SEP 2 0 2005 Mapping and GIS Solutions f\' pvJy:)- ..). t5 Cat-llL 1.0 PERIOD OF PERFORMANCE During the Contract period specified on the Intergraph Mapping and GIS Solutions (hereinafter referred to as "Intergraph") Quote/Contract, the Customer authorizes Intergraph to provide maintenance service for all items listed on the Quote/Contract. Such services will be provided in accordance with the Scope of Work as specified in Section 3.0, or if applicable, an additional separately executed Scope of Work. Approximately sixty (60) days prior to the Contract expiration date, Intergraph will submit to the Customer a Quote that includes pricing for the upcoming twelve (\2) month period. The Customer must provide Intergraph with written notice of intent to either terminate coverage or agree to the rates and terms of the Quote by providing a signed Contract or Purchase Order. If Customer fails to provide a timely written notice of intent, Intergraph will, at its option, either assume the offer has been accepted by the Customer, or terminate coverage. If Intergraph assumes the Customer has accepted the offer, the Customer is liable for charges incurred from the new Contract start date until such time as the Customer notifies Intergraph of its intent to terminate the Contract. 2.0 CHANGES AND TERMINATION 2.1 Changes This Contract can be changed or modified in one of the following ways: (a) During the Contract period, Intergraph provides a thirty (30) day written notice of their intent to remove any individnal software product(s) from coverage under this Contract. (b) Customer may remove software product(s) from maintenance coverage at Contract renewal. Maintenance may not be terminated for individual software licenses that have been installed multiple times at one site or for software licenses that are being used interdependently from one site. ( c) Any other changes or modifications must be by mutual agreement. A-2005-083 Piil-[; CUSTOMER SERVICE Software Maintenance Service Contract 2.2 Tennination lbis Contract shall continue in full force beyond the stated term until termination is accomplished in one of the following ways: (a) Customer or Intergraph provides a written notice of intent to terminate. lbis Contract shal1 terminate thirty (30) days after the receipt of the notice. (b) A new Contract between Customer and Intergraph is signed into effect for similar service. (e) If either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for either party's business, or the Customer fuils to pay Intergraph any amount when due hereunder. 3.0 INTERGRAPH SCOPE OF WORK Software Support 3.1 Premium Service Software support will be provided to the Customer during the hours of 7:00 a.m to 5:30 p.m Central Time, Monday through Friday, excluding Intergraph-observed holidays. Software support will include and be limited to the following for all software products listed on the Quote/Contract: (a) Unlimited support via Help Desk (standard business hours) or Web. (b) Twenty-four-hour-per-<lay/seven-<lays-per-week access to problem Knowledge Base, an on-line self-help tool. (c) The ability to perform Web queries, submit updates, and obtain status of service requests 24 hours per day, 7 days per week (d) Software upgrades. Support services are limited to specific products as shown on the Quote/Contract functioning on the appropriate Intergraph supported operating system Intergraph will provide upgrades, when made available by Intergraph, for which Premium Service has been purchased. Upgrade( s) refers to subsequent releases to the software products covered under the Contract. 1