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InfoSend Response — 12/29/2006 5. This requirement is met. The bill images will be reproduced in their current form 6. This requirement is met. InfoSend will sign the indemnification agreement. In InfoSend's view this patent is overly broad and will eventually be overturned. The patent is for the process of EBPP, not a specific software solution that relates to it. Emergis no longer offers an EBPP solution. The patent has been challenged in the United States District Court for the District of Kansas. The court issued a "claim construction order" that limited the scope of the patent to exclude billers who use third parties to offer EBPP to their customers. Text from: w-,, vw. energy pulse. neticenterslarticleiarticle _display.cfrn ?aid =1383 until now. a bone of contention in the interpretation of the patent was :whether it -s F_BPP sys*.erris that use third- 'party EBPP service providers such as Pa,,;Pal or E i' iergis asserts that it doe's However. on September 14, "10,06 ii" ,e, .ourt for the District of Kansas issued a 'claim construction order In the !,y Ernergis against cable �� `V company Cabie One. Inc. jr, which the Coi rt ie(t`f?i, "'if f. ..?e meaning and scope Of certain terms used in the cic` ir, of t` El ",_, iS „_3t,: nt. In basic terrns, the claim construction order says the '362 patent does not cover any third -pa> ty system where the payment instructions are sent from the cons>_iiner to a third - party EBPP service provider as opposed to going directly to the Biller.'" says Griffin. "This is a significant blow to Emergis's licensing campaign. Up to this point; Ernergis has argued that a utility using a third -party EBPP service provider infringes the `362 patent if they r customers do not realize when they have left the utility's Web site to pay their bill at „gird- warty service providers `vVeb site, especially where the tihird -party service provider site looks ;Ike the utility s VVeIJ site." 7. This requirement is met. In addition to this, InfoSend will provide the City with round the clock support for critical issues. InfoSend offers standard customer support, 8 a.m. to 5 p.m., to all customers. An after -hours support number will be provided to the City and can be used 7 days per week, 24 hours per day, 365 days per year. When this number is called the City will receive a response from an InfoSend technical representative within 4 hours. This extended support is currently provided to clients like the City of Anaheim who have data processing operations that run 24 hours per day. B. Requirements: Product Development and Ongoing Maintenance 1. This requirement is met. EBPP functionality and processes will be developed by and hosted by InfoSend. 2. This requirement is met. InfoSend will be will be responsible for customer authentication, payment authorization, security, error processing, and reports. Customer support is normally handled by providing a webpage for City customers to fill out when they have question. An email is then immediately sent to a specified City address to communicate the question and a copy is sent to the customer. If the City wishes the email to be sent to InfoSend instead and for InfoSend to contact the customer this can be done as well. 4