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25B - AGMT - PD SOFTWARE SYS
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11/17/2015
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25B - AGMT - PD SOFTWARE SYS
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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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resolution. Notwithstanding the above, TriTech is not and shall not be a party to such third party <br />maintenance agreements nor shall TriTech have any obligation or liability thereunder, other than <br />as stated above. Client is responsible for maintaining licensing, including updates for System <br />Software, <br />13.44 Subcontractor Hardware and Software, The initial twelve (12) month maintenance <br />and support period for those Vendors identified in Addendum A -2 will be provided to Client by <br />the respective vendors as Subcontractors to TriTech. Client shall contact TriTech in accordance <br />with the procedures in the Software Support Agreement to report any errors or defects detected <br />with respect to such items. TriTech shall assist Client in determining the nature of the problem, <br />and will contact the appropriate Vendor for resolution. TriTech will follow -up with the Vendor, <br />and maintain contact with both the Vendor and Client to coordinate problem resolution within a <br />commercially reasonable tithe. Support and maintenance will be provided, in accordance with the <br />respective Vendor's support and maintenance agreements, attached hereto at Addendum C. At the <br />conclusion of such initial annual maintenance and support period, annual maintenance and support <br />shall be subject to and provided in accordance with any maintenance agreements between Client <br />and the respective Vendors. TriTech shall not be a party to such maintenance and support <br />agreements. Thereafter, provided that Client maintains in force an annual TriTech Software <br />Support Agreement, Client may contact TriTech in accordance with the Software Support <br />Agreement, and TriTech shall provide Help Desk services to Client with respect to the reported. <br />problem. <br />7,3.5 EJui ment: Maintenance and support for all other Equipment sold hereunder is not <br />included under this Agreement, However, since proper computer equipment maintenance is <br />required for proper system operation, Client agrees to acquire and keep in force computer and <br />peripheral equipment maintenance agreements for the equipment used to operate the TriTech <br />Software or to provide such maintenance in -house with qualified personnel. If Client determines <br />that an item of Equipment provided under this Agreement does not perform as provided in the <br />applicable specifications, Client may, provided that a current Software Support Agreement with <br />TriTech is in force, contact TriTech using the procedures described in the Software Support <br />Agreement, TriTech shall thereupon provide Help Desk services to Client with respect to the <br />reported problem. Notwithstanding the above, TriTech is not and shalt not be a party to such third <br />party maintenance agreements nor shall TriTech have any obligation or liability thereunder. <br />13.6 If, at any time after installation of the System, Client desires to load on a <br />Workstation or Server any software not provided by TriTech, it shall, before loading such software, <br />follow the procedures regarding third party software compatibility in the TriTech Documentation, <br />and contact the TriTech Customer Service Department at the telephone numbers listed in the <br />Software Support Agreement for assistance as required. Such action shall not constitute <br />approval, express or implied, for the loading of specific software on a Workstation or Server, <br />nor any express or implied warranty, representation or other obligation by TriTech with <br />respect to such software, including but not limited to its suitability, operability or capability <br />to meet Client's needs or expectations. Client agrees that if the loading of such third party <br />software degrades the performance of the System, Client shall immediately uninstall such <br />software. Client shall absolve, discharge and release TriTech from any obligations or liabilities <br />related to operation or performance of the System, the TriTech Software, Subcontractor Software, <br />Santa Ann System Purchase and Support Agreement <br />Copyright © 2015 TriTech Softwwe Systems <br />Unpublished: Rights reserved under the Copyright laws of the United States <br />Page 20 of 104 <br />25B -26 <br />
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