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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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expressly conditioned on the observance of the responsibilities of the Client set forth in Section 5 hereof (Client <br />Responsibilities), in the Software License Agreement and in the exhibit pertaining to such Additional Support <br />Option as specified in Section 2.7. <br />6.2. Erroneous Reported Problems. If Tiburon performs diagnosis of erroneously <br />reported problems, the Client may be charged for such services at Tiburon's then current technical service <br />rates plus all related travel, per diem and other expenses invoiced as incurred. <br />6.3. Failure of Remote Access. If the Client fails for any reason to provide remote <br />access to the System as required by Section 5.2 hereof (Remote Access), Tiburon will, at the Client's <br />request, provide on-site services to correct an Error to the extent otherwise required hereunder and will <br />charge the Client for such services at Tiburon's then current technical service rates plus all related travel, per <br />diem and other expenses invoiced as incurred. <br />6.4. Unauthorized Modifications. Tiburon is under no obligation to correct any Error in <br />any of the Covered Applications if the Error is due to a modification or alteration to such Covered Application <br />in violation of the terms of the Software License Agreement or relates to any portion of such Covered <br />Application that has been affected by software not developed and installed by Tiburon. Tiburon is under no <br />obligation to correct any problems caused by any modification or alteration to any component of the System <br />or to the System Configuration in violation of the terms of this Agreement or caused by software or hardware <br />not developed and installed by Tiburon. If requested by the Client, Tiburon will provide technical support <br />services to resolve such problems pursuant to Section 2.9 hereof (Out of Scope Services) and will charge the <br />Client for such services at Tiburon's then current technical service rates plus all related travel, per diem and <br />other expenses invoiced as incurred. <br />6.5. Unauthorized Use. Tiburon is under no obligation to correct any Error in any of the <br />Covered Applications or any problems with any other component of the System if such Error or other problem <br />is caused by (a) accident, neglect, misuse or abuse on the part of any party other than Tiburon; (b) is due to <br />exposure to conditions outside the range of the environmental, power and operating specifications provided <br />by Tiburon in the Site Specifications delivered pursuant to Section 5.9 hereof (System Change, Alteration, or <br />Modification); or (c) use of any of the Covered Applications or any other component of the System for any <br />purpose other than that for which it was originally acquired. If requested by the Client, Tiburon will provide <br />technical support services to resolve such problems pursuant to Section 2.9 hereof (Out of Scope Services) <br />and wilt charge the Client for such services at Tiburon's then current technical service rates plus all related <br />travel, per diem and other expenses invoiced as incurred. <br />6.6. Third-Party Products. Tiburon shall have no responsibility for correcting or <br />resolving any errors, defects or failures in any Third-Party Products. Tiburon's only obligation with respect to <br />such Third-Party Products is to assist with the coordination of support services with the appropriate third-party <br />vendor to the extent such support services are available to the Client. <br />6.7. Third-Party Product Compatibility. Tiburon shall have no responsibility for any <br />Third-Party Product provided and installed on or integrated into the System by any other party without <br />Tiburon's prior written authorization, including but not limited to responsibility for the installation and <br />integration of any such Third-Party Products, the condition, operation and performance of any such Third- <br />Party Products, the compatibility of any such Third-Party Products with the Covered Applications, and any <br />impact any such Third-Party Products have on the overall operation or performance of any of the Covered <br />Applications or any other component of the System. If requested by the Client, Tiburon will provide technical <br />support services pursuant to Section 2.9 hereof (Out of Scope Services) to resolve any operation or <br />performance problems relating to any of the Covered Applications or any other component of the System <br />caused by any such Third-Party Products or to assist with the integration of any such Third-Party Products <br />with or into any of the Covered Applications or any other component of the System. Tiburon will charge the <br />Client for any such services at Tiburon's then current technical service rates plus all related travel, per diem <br />and other expenses invoiced as incurred. <br />Page 6 of 14 <br />Santa Ana Master Support Agreement <br />
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