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<br /> <br /> <br /> <br /> <br /> <br /> The cost for maintenance and support after the initial 5-year contract period shall be calculated <br /> at ATIMS's then customary rate not to exceed 4% of the prior year's maintenance fees. <br /> Any and all payments made by CITY pursuant to this Agreement shall be non-refundable and <br /> shall be paid in advance. There shall be no refunds or credits for any unused services upon the <br /> termination of this Agreement. However, in the event ATIMS fails to provide reasonably <br /> <br /> satisfactory service, per the Support and Response Time Agreement in this contract, ATIMS <br /> agrees to refund the amount commensurate to the number of months remaining in the term of <br /> the agreement. In the event that CITY fails to make payments to ATIMS pursuant to this <br /> Agreement, ATIMS obligations to provide Support shall be suspended until ATIMS receives full <br /> payment for all fees due to ATIMS. <br /> Custom programming and program changes requested by the CITY shall be performed by <br /> ATIMS at a mutually agreed upon rate for a mutually agreed upon number of hours outlined in a <br /> Scope of Work (SOW) contract signed and agreed upon by both parties prior to commencement <br /> of the work. The additional Professional Services will be billed by invoice according to Section <br /> <br /> 5.2. <br /> 5.2. Invoices. The CITY shall pay all Maintenance fees, authorized expenses, and other costs <br /> pursuant to this Agreement within 30 days of receipt by the CITY of any correct and undisputed <br /> invoice from ATIMS. Invoices shall be mailed or provided to the CITY at its notice address. <br /> <br /> <br /> <br /> 6. TEST SYSTEM <br /> <br /> Any and all upgrades, enhancements, fixes, etc. shall first be done on the test database. They <br /> shall then be tested by City Personnel and only after City authorization given, shall said <br /> changes be applied to the Production Database. The test database will be created by ATIMS on <br /> the CITY's server without the requirement for additional hardware or software. As this is a web- <br /> based system, CITY users will be able to access the live and test databases from any machine <br /> on the Police Department's network. Apart from the CITY having access to the test database, <br /> ATIMS can also be assigned access to the same by the CITY. <br /> <br /> <br /> <br /> 7. ASSIGNMENT <br /> <br /> This Agreement and the rights and obligations hereunder are not assignable or delegable by <br /> either party without prior written consent of the other party. Any such assignment or delegation <br /> is VOID. This Agreement shall inure to the benefit of and be binding on the parties hereto and <br /> their permitted successors and assigns. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25B-8 <br />