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<br />I' <br /> <br />Agreement betwHn KCC Knowledge Computing (Cenede) Umlted end <br />City of Senta An" [exhibit F) <br />T &M basis, for any such training or consulting services. No such charges shall be <br />applied until such time as KCC advises the Customer that it is in breach of this clause <br />thereby giving the Customer the opportunity to cease such action. <br /> <br />4.4. Customer acknowledges and agrees that the administration and maintenance <br />of all computer hardware, communications equipment third party software, cabling, <br />peripherals and any other hardware equipment necessary and required for the operation of <br />the Product, shall be the exclusive obligation of the Customer. In particular, and without <br />limiting the generality of the foregoing, KCC shall not be held responsible for the <br />provision of any assistance (under the terms of this Agreement) required as a result of <br />any: <br /> <br />4.4, I Modification to System Environment <br /> <br />4.4.2, <br /> <br />modification, change or upgrade to any hardware or software <br />(other than any modification, change or upgrade made by KCC to <br />the Application Package Programs); or <br /> <br />Damage by Accident or External Cause <br /> <br />4.4.3. <br /> <br />damage to the Application Package Programs by accident or other <br />external cause, the fault or negligence of any party other than <br />KCC, or use by Customer in other than its normal and customary <br />manner; or <br /> <br />Unauthorized Modifications <br /> <br />as a result of any unauthorized modification made by Customer or <br />any party other than KCC, <br /> <br />even if KCC has knowledge of the possibility of such potential loss or damage. If, as a <br />result of one or more of the foregoing circumstances Customer requires assistance, KCC <br />agrees to provide such assistance on a T &M basis. <br /> <br />5. TERM, DEFAULT AND TERMINATION <br /> <br />5.1. The term of this Customer Support Agreement commences Av.s.l ~ , <br />and continues for a period of 12 months, ending "fJ't $1 , ~ 10 ' . KCC will offer <br />subsequent renewals so long as Customer is not in breach o'f Section 4.2 and provided all <br />sums and amounts due under Section 3 are paid when due. The Customer shall have a <br />right on 90 days written notice to KCC to terminate this Agreement at any time during <br />the initial term or any renewal term of this Agreement. Any fees paid in advance for a <br />period of time subsequent to the termination date shall be considered non-refundable. <br /> <br />5,2. The Customer further reserves the right to terminate this Agreement without <br />penalty or future liability at its fiscal year end due to lack of appropriations. <br /> <br />5.3. If, after termination of this Agreement, Customer requests Support, KCC may <br />agree to provide such Support and Customer shall pay for same forthwith on a T&M <br />basis at KCC's then current rates. KCC shall provide an advance estimate of the T&M <br /> <br />Confidential <br /> <br />Page 8 <br /> <br />8/1812009 <br /> <br />City o(Santa Ana - ExfUb!t F Copyripl 0 2006 - KCC Knowledgfl Compulins: (Canada) Umited <br /> <br />I <br /> <br />,~ <br /> <br /> <br />, <br />, <br />" <br />