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TIBURON, INC. 3 - 2009
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TIBURON, INC. 3 - 2009
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Last modified
1/3/2012 1:59:58 PM
Creation date
1/21/2010 8:44:52 AM
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Contracts
Company Name
TIBURON, INC.
Contract #
N-2009-146
Agency
Fire
Expiration Date
3/1/2010
Destruction Year
2016
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14. "Dispute Notice" is defined in Section 10.1 (Informal Dispute Resolution) of the Agreement. <br />15. "Disputing Party" is defined in Section 10.1 (Informal Dispute Resolution) of the Agreement. <br />16. "Documentation" shall mean, with respect to any Covered Application, those printed instructions, <br />manuals, and diagrams pertaining to and furnished with such Covered Applications. <br />17. "Effective Date" is defined in the preamble to the Agreement. <br />18. "Enhancement" shall mean, with respect to any Covered Application, a computer program <br />modification or addition, other than a Maintenance Modification, that alters the functionality of, or adds new <br />functions to, such Covered Application and that is integrated with such Covered Application after the Effective <br />Date, or that is related to a given Covered Application but offered separately by Tiburon after the Effective Date. <br />19. "Enhancement Terms" shall mean, with respect to any Enhancement provided pursuant to the <br />Agreement, the mutually negotiated terms and conditions specifically relating to an Enhancement and included <br />as part of the Agreement in accordance with Section 2.8 (Enhancements) thereof. <br />20. "Error" shall mean, with respect to any Covered Application, a defect in the Source Code for such <br />Covered Application that prevents such Covered Application from functioning in substantial conformity with the <br />As-Built Specifications pertaining thereto. <br />21. "Maintenance Modification" shall mean, with respect to any Covered Application, a computer <br />software change integrated with such Covered Application during the term of the Agreement to correct any <br />Errors therein, but that does not alter the functionality of such Covered Application or add new functions thereto. <br />22. Status Report" is defined in Section 2.6(d) (Status Reports) of the Agreement. <br />23. "Object Code" shall mean computer programs assembled or compiled from Source Code in <br />magnetic or electronic binary form on software media, which are readable and usable by machines, but not <br />generally readable by humans without reverse-assembly, reverse-compiling, orreverse-engineering. <br />24. "Out of Scope Services" shall consist of any services provided under this Agreement that are <br />outside the scope of those services specifically and expressly identified under, and provided pursuant to, Section <br />2,6 (Basic Support), Section 2.7 (Support Options) or Section 2.8 (Enhancements) of the Agreement. <br />25. "Payment Date" shall mean [December 31] [March 31] [June 30] [September 30] of each year <br />during the term of this Agreement. <br />26. "Priority 1 Call" shall mean a call requesting technical support for an Error in any Covered <br />Application or a failure of the Authorized Server on which such Covered Application is installed that prevents <br />continued use or operation of the System, impacts all or substantially all operators using the System, halts or <br />severely impacts critical System operations or endangers the integrity of any database on any of the Authorized <br />Servers. The term Priority 1 Call shall not include calls requesting technical support relating to a problem <br />encountered with substantially less than all functions of a Covered Application or all records of a database on <br />any of the Authorized Servers, or to a failure in individual components of the network communications <br />equipment, communications lines, terminals, workstations, printers, terminal servers or modems. Tiburon shall <br />have exclusive authority for determining whether a Technical Service Request constitutes a Priority 1 Call. <br />27. "Site Specifications" is defined in Section 5.9 (System Change, Alteration, or Modification) of the <br />Agreement. <br />Page 2 of 3 <br />Master Support Agreement <br />Exhibit 1, Definitions <br />
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