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5.10 Provided that the Client has maintained continuous software support and has fully paid the annual software support fees for the Client's licensed TriTech Software when due, and if within seven (7) years from the signature date of this Agreement, in the event TriTech notifies its client base that TriTech will no longer offer for sale or purchase the TriTech Software products licensed by Client, and further notifies its clients of successor TriTech Software products (e.g. software products based on new technical architecture, with substantially equivalent modules and functions as currently licensed by Client ("Successor Products"), TriTech agrees to: a. Make available to the Client the Successor Product(s) at no additional license fees. b. License such Successor Products to the Client in accordance with the Software License provisions in this Section 5. C. Client shall be responsible for payment of license fees for new modules or functions for the Successor Products that were not licensed as part of this Agreement. 5.10.1. TriTech agrees that it will not end support for any of the City's licensed TriTech Subsystems implemented under this Agreement for a period of thirty-six (36) months from the date of Final System Acceptance. 5.10.2 TriTech agrees that it will not charge Client fees for implementation services, hardware refresh, third party hardware or third party software licenses associated with implementation of Replacement Products implemented within thirty-six (36) months from the date of Final System Acceptance. 5.10.3 Fees for implementation services, hardware refresh, third party hardware or third party software licenses associated with implementation of Replacement Products implemented following thirty-six (36) months from the date of Final System Acceptance are not included and will be charged at TriTech's or the applicable third party vendor's then current rates. 5.10.4 Sections 5.10.2 and 5.10.3 do not apply to upgrades or Updates for the Client's Licensed TriTech Software that require City provided updates for third party software, or services for hardware refresh. 5.10.5 In the event that the Client notifies TriTech of the Client's intent not to move forward with implementation of the TriTech Replacement Product(s), support will continue to be provided for the Client's Licensed TriTech Software in accordance with Addendum E of this Agreement, until the end of support date stated in TriTech's notice to its client base. TriTech will provide no less than twelve (12) months' notice. 6.0 DELIVERY, INSTALLATION, TITLE AND RISK OF LOSS 6.1 TriTech will Deliver the items purchased and/or licensed hereunder and perform the services pursuant to the Statement of Work, subject to the provisions of the FORCE MAJEURE/EXCUSABLE DELAY section (22.0) of this Agreement, and further subject to Santa Ana System Purchase and Support Agreement Copyright © 20t5 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States Page 9 of 104