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25B - AGMT - PD SOFTWARE SYS
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25B - AGMT - PD SOFTWARE SYS
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Last modified
11/12/2015 2:33:31 PM
Creation date
11/12/2015 1:58:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
25B
Date
11/17/2015
Destruction Year
2020
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entered into between the Client and TrJech coincident with this Agreement. On or before <br />expiration of the then current support term, and at each annual anniversary thereof, TriTech shall <br />provide to Client a Software Support Renewal Agreement for signature and payment of the then - <br />current Software Support fees. TriTech reserves the right to change the terms and conditions for <br />Software Support at the time of renewal by written notice to Client. The rendering by TriTech of <br />Software Support for the coming year shall be subject to Client executing the Software Support <br />Renewal Agreement and paying the applicable Software Support fee(s). <br />13.1.1 If Client fails to keep an annual Software Support Agreement for the <br />TriTech Software in effect, any later resumption of annual Software Support services by TriTech <br />shall be subject to payment by Client of all past unpaid annual Software Support fees in addition <br />to the Software Support fee for the current support year. Client acknowledges and agrees that the <br />preceding clause is reasonable in light of the fact that the expenses incurred and resources devoted <br />by TriTech to further development, enhancement and support of the TriTech Software must be <br />spread over TriTech's customer base and fairly shared by all TriTech Software users. <br />13.1.2 Notwithstanding anything to the contrary herein, Software Support for the <br />TriTech Software shall be subject to and conditional on Client's implementation and use of a <br />version of the TriTech Software that is the most current production version thereof made available <br />to Client. If Client does not implement the most current production version when it is made <br />available, TriTech shall only be obligated to provide Software Support for Client's version of the <br />TriTech Software for a period of twelve (12) months thereafter. <br />13.1.3 Unless listed as a tine item in Addendum A -2, TriTech Software Support <br />shall not include design, engineering, programming, testing, implementation or other services <br />rendered necessary by changes in Equipment, System Software or Subcontractor Hardware or <br />Software ( "Third Party Changes'). Any such services shall be subject to additional charges by <br />TriTech and the mutual written agreement of the parties as to the terms and conditions under which <br />such services are rendered. Absent such agreement, TriTech shall be under no obligation, express <br />or implied, with respect to Third Party Changes or modifications to the TriTech Software resulting <br />therefrom. <br />13.2 TriTech.cotn IO Software: Maintenance and support for TriTech IQ Software <br />licensed hereunder shall be subject to and provided in accordance with the Subscription Service <br />License & Use Agreement in Addendum F. <br />13.3 System Software: Maintenance and support for System Software sold or licensed <br />hereunder shall be subject to and provided in accordance with any maintenance agreements <br />between Client and the supplier thereof, or other third party maintenance providers. If Client <br />determines that an item of System Software provided under this Agreement does not perform as <br />provided in the applicable specifications, Client may, provided that a current Software Support <br />Agreement with TriTech is in force, contact TriTech using the procedures described in the <br />Software Support Agreement. TriTech shall thereupon provide Help Desk services to Client with <br />respect to the reported problem. For issues involving Windows CIS software (Microsoft) that <br />generally affects the operation of the TriTech Software and is not caused by a Client specific <br />installation or configuration of the OIS, TriTech will work with Microsoft to coordinate the <br />Santa An System Purchaso and Support Agreement <br />Copyright 0 2015 Trfrwh Software Systoms <br />Unpublished; Rights reserved under the copyright laws of the United States <br />Page 19 oC 104 <br />25B -25 <br />
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