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,;,SU'RANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL N-2008-074 DATE: &- 3o-off FIRST AMENDMENT TO U 1. po};(e- SOFTWARE MAINTENANCE AGREEMENT (60 THIS FIRST AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 1at day of May 2008, by and between MOSTWANTEDSOFTWARE, LLC, a California limited liability company ("Licensor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( hereinafter "City"). RECITALS: A. City and Licensor entered into that certain Software Maintenance Agreement A-2005-133B, dated 5/16/2005 (hereinafter "said Agreement"), pursuant to which Licensor has provided maintenance for the software product entitled "The Law Enforcement Administrative Database (L.E.A.D.)" used by the Santa Ana Police Department for purposes of organizing and operating various administrative functions from a single database (the "Software'). B. City desires to continue to obtain software maintenance services from Licensor, and Licensor desires to continue to provide software maintenance services to City, pursuant to the terms and subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth in said Agreement, as amended herein, Licensor and City hereby agree as follows: AGREEMENT 1. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence on May 16, 2005 (the effective date of Software Licensing Agreement A-2005-133A), and shall continue for a period of one year. Thereafter, the term may be extended for additional one-year terms upon a written agreement executed by the City Manager. Said Agreement may be terminated by either party on thirty (30) days' prior written notice." 2. Section 7, ADJUSTMENT TO TERMS AND CONDITIONS, shall be amended to read in full, as follows: "Atany time aiieF Prior to the expiration of the initial one year term o, r any succeedina one-year term, of this Agreement, Licensor may change its Maintenance Fees, time and material charges and other terms and conditions of this Agreement upon sixty (60) days advance written notice to City. For the term commencing May 1. 2008, the annual maintenance 3. Except as herein above amended, all terms and conditions of said Agreement shall remain in full force and effect.