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<br />1\\iS Renc\',!al Maintenance Agreement <br />212112006 <br /> <br />critical Items and are only supported by IWS during the initial 45 days after their <br />installation. <br /> <br />2.5.3 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 />2.6 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 />2.7 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 <br />Services shall be defined as: (a) the replacement of any hardware as is required by <br />age, duty cycle, obsolescence or excessive use; (b) the replacement of any <br />hardware or the support of third-party software where service or support for such <br />hardware or such third-party software is no longer provided by the original <br />equipment manufacturer of such hardware or the original vendor of such third- <br />party software; (c) the update or upgrade of third-party software, including <br />operating system(s); (d) the replacement of supplies or expendable items (e.g. ink <br />rollers, ribbon cartridges, toner cartridges, fusers, paper, film, diskettes, tape <br />cassettes, lamps, etc.); (e) any maintenance services to be performed on any <br />software, hardware or other item not furnished by IWS to CITY or any other <br />work external to the System by anyone other than IWS; or (f) any maintenance <br />services necessary or appropriate in order to correct any System Failure, or <br />potential failure, attributable in whole or in part to any of the following factors, or <br />any combination thereof: <br /> <br />2.7.1 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 />ver 01-01-05 <br />