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3.1.3 If the TriTech Application is unable to function <br />as warranted due to any one or more of the <br />following factors, additional charges may be <br />imposed by TriTech for actions necessary to <br />correct or work -around such factors: <br />3.1.3.1 Modification of the TriTech Application, <br />Third Party Software or equipment by <br />City or a third party. <br />3.1.3.2 Misuse or neglect, including without <br />limitation failure to use the TriTech <br />Application as described in the <br />Documentation, or other instructions or <br />training provided by TriTech. <br />3.1.3.3 Software not provided by TriTech, not <br />approved by TriTech in writing or not <br />specified as compatible in the <br />Documentation. <br />3.1.3.4 Equipment which does not meet the <br />configuration requirements specified in <br />the Documentation, by failure of City to <br />provide and maintain the site and <br />facility requirements described in the <br />Site Preparation and Support <br />Connectivity Guide. <br />3.1.3.5 Computer viruses that have not been <br />introduced into the City's system by <br />TriTech. The City shall maintain up to <br />date virus checking software and shall <br />check all software received from any <br />person or entity for viruses before <br />introducing that software into any part <br />of the System including, but not limited <br />to, workstations or servers. If desired <br />by City, TriTech will provide Updates on <br />media rather than direct downloading to <br />facilitate this virus checking. If, <br />despite such check, a virus is <br />introduced by TriTech, TriTech will <br />provide a virus -free copy of the TriTech <br />Application, and will, at its expense, <br />reload said software on City's <br />equipment, and assist City with <br />reloading City's data from City's backup <br />media. The City shall practice <br />reasonable back-up procedures for the <br />System to mitigate the consequences of <br />any virus. <br />Primary Agreement Page 11 <br />