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SOI FWARE SUPPORT AND MAINTENANCE AGREEMENT <br />THIS AGREEMENT made as of the day of , 20 <br />BETWEEN: <br />SYSTEM INNOVATORS, A DIVISION OF <br />N. HARRIS COMPUTER CORPORATION <br />( "Consultant ") <br />. and - <br />CITY OF SANTA APIA, a charter city and municipal <br />corporation( "Organization ") <br />RECITALS <br />1. The Consultant owns the Software (as defined herein); <br />1 The Organization wishes to enter into a support and maintenance contract for the <br />Software; <br />The Consultant wishes to provide support and maintenance services to the Organization, <br />all upon the terms and conditions set out in this Agreement. <br />NOW THEREFORE, in consideration of the mutual covenants set out in this <br />Agreement and for other good and valuable consideration (the receipt and sufficiency of which is <br />hereby acknowledged), the parties agree as follows: <br />ARTICLE I <br />INTERPRETATION <br />Ll Definitions <br />Throughout this Agreement, except as otherwise expressly provided, the <br />following words and expressions shall have the following meanings: <br />(a) "Agreement ", 0°this Agreement", Nbe Agreement ", "hereof ", "bereln ", <br />"hereto ", "hereby ", "hereunder" and sindlar expressions mean this Software <br />Support and Maintenance Agreement, including all of its Exhibits,Schedules and <br />all instruments supplementing, amending or confirming this Agreement. All <br />references to "Articles" or "Sections" mean and refer to the specified Article or <br />Section of this Agreement. <br />(b) "Change Order" means any written documentation between the Organization <br />and Consultant evidencing their agreement to change particular aspects of this <br />Agreement. <br />25E -4 <br />