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HomeMy WebLinkAboutTeam IA Augusta Richmond GA DOCUMENT NAME: \' eo.. '('(\ .\ f\ DOCUMENT TYPE: 0CjY. eeffieA\-t YEAR: Q\ BOX NUMBER: \ l\ FILE NUMBER: \~I L\~ NUMBER OF PAGES: \ L\ " . . .:;, " .r. ...".-' MAINTENANCE AGREEMENT . WHEREAS, Team IA ("LA) and AUGUSTA, GEORGIA, (AUGUSTA) ("Customer") simultaneously herewith have executed a System Sales Agreement; and . WHEREAS, Customer wishes to establish a Maintenance Agreement with IA for this System; and WHEREAS, IA endeavors to maintain this system in consideration of the costs and fees established herein, IT IS THEREFORE AGREED AS FOLLOWS: 1. Scope of Work: IA will provide Customer and Customer hereby authorizes the installation, maintenance, repair and support services for hardware and software as descnbed in Sched1.!le A. Customer shall compensate IA for these services pursuant to the schedule set forth in Schedules A and B. ;' 2. Application: The following documents are attached hereto and incorporated herein by reference: Schedule A - Summary of Costs Schedule B - IA Support Advantage Maintenance Matrix Schedule C - Certificate ofInsurance 3. Definitions: a) b). "Product(s)" shall mean all hardware and/or software products listed in Schedule A. "Preventive Maintenance" is maintenance furnished on a scheduled basis to keep any hardware Product in good operating condition. The "Principal Period of Maintenance" (PPM) is the nine-hour period from 8:00 a:m to 5:00 p,m, Eastern Standard Time, Monday through Friday, The PPM shall not Include locally observed'fA holidaYs as specified in Schedule B. The same PPM shall apply to the entire Product. Should IA offices not be open for business during the PPM, nonnally after 5:00 p,m, Eastern Standard Time, the Customer is authorized to use the ntuneric pager number provided to the Customer's primary point of contact. "Product Malfunction" means, as to any Product, a verifiable material adverse deviation from the performance capabilities reflected in IA's most recently published user . documentation for such Product where the Product is being used in accordance with usage and environmental standards and specifications reflec~ed in such documentation. On alleged software Product Malfunction, Product Malfunction is verifiable only when it can be replicated in a suit,able test environment. "Remedial Maintenance" is maintenance required by Product Malfunctions that require service as further described in Section 4A, "Basic Maintenance Service". .c) d) e) f) "Enhancement" means any program, any part thereof, or any material or equipment not included in the System Sales Agreement between the parties at the time its execution that is developed and accepted pursuant to the System Sales Agreement. Enhancements will generally involve any added feature or function to the System and may be separately supported. Enhancements are provided at the sole discretion ofIA and may be separately priced from the System. Page 1 .' '. . ~. : . ... .-. .~_._-..._. .~. ; L 4. . .#...... Term of Agreement and Termination for Default: Except as otherwise set forth in Schedule A, a Product shall be covered hereunder for an original Maintenance Term of one' year. The Maintenance Agreement and Term shall be automatically renewed for successive terms of duration equal to .12 months unless one party gives the other written notice of termination at least thirty (30) days prior to the expiration of the then current Maintenance Tenn. LA will provide the Customer with renewal costs at least sixty (60) days prior to the expiration of the present Agreement indicating the renewal cost as provided in Schedule A of this Agreement This Agreement as a whole may be terminated by either party by written notice to the other upon, and only upon, the expiration of coverage as to all covered Products. Either party may terminate this Agreement due to the breach by the other party of any material obligation hereunder (including without limitation any obligation to make any payment hereunder) if such breach remains unresolved more than ten (10) days after rect:ipt of written notice of such breach is given to the defaulting party, or if cure of the breach is not feasible within ten (10) days from notice, substantial and continued progress is not made to cure the default. 5. Services to be provided: A. Basic Maintenance Service, Basic Maintenance Service for a Product shall include the following; 1, Software Correction. Correction of a software Product Malfunction may, at LA's sole option, consist of any of the following: (a) re-coding of the LA proprietary software, (b) installation .ofa software patch, (c) a modification to the instructions or procedures for using the software, (d) replacement of the software with other software that is reasonably equivalent, or (e) other remedial action that may be reasonable and equitable to both parties. 2, Telephone Help, During the PPM, LA shall respond to telephonic questions from LA trained Customer's personnel regarding Product operation; provided, however, if the time spent by LA personnel on such telephonic assistance exceeds in any month the hourly limit set forth in Schedule A, additional time shall be charged and billed to Customer at LA's rate defined in Schedule A for telephone support services. If no limit is set forth in Schedule A, the limit in any month shall be twenty (20) hours. 3, Trouble Ticket Services, LA shall provide Customer with a weekly report of all open and/or unresolved trouble tickets, The reports will include any updates to the status of all open and/or unresolved trouble tickets. Additionally, Customer may request a report for all trouble tickets for the previous calendar month at no charge to Customer. Reports will only be provided via electronic mail. - B. SUDDlemental Services, LA reserves the right to charge its prevailing rates on any services not specifically included in Schedules A and B. IA further reserves the right not to perform the following services, but if LA shall in its sole discretion agrees to perform any of the following, LA need only to use its reasonable efforts and such services shall be deemed billable maintenance above and beyond. those charges established in Schedule A; (a) specification changes requested by Customer (other than to the extent those specific tasks are included within covered maintenance), development and maintenance of Enhancements, customization of Licensed Software, Updates or Enhancements and any other services in respect of software or firmware programming, development or data input; (b) . services which, in lA's opinion, are required due to improper treattnent or use or operation of the System, or attempts by other than lA's authorized personnel to repair, maintain or modify the System without LA's prior written approval or any repair of damage caused thereby; (c) support for custom- written applications, pre-release software, or non-current versions of released software not included in the System Sales Agreement; or (d) repair of damage not caused by LA, including without limitation, . damage resulting from accident, transportation, neglect or misuse, vandalism, lightning, failure or fluctuation of electrical power, air conditioning or humidity control, telephone equipment or communication lines failure or interconnect equipment or causes other than ordinary use, Page 2 '. . I . C. Applications Software Support ...,...... IA will provide Customer support defined as follows: a. Assistance in the diagnosis and identification of those problems in IA software and third party software, which are referred to as "bug fixes". b. IA will be responsible for the IA software application problem definition, validation, work/around, and maintaining contact with the county as to resolution status, c. Resolution of typical problems such as, basic software setup, basic usage of the product, and minor software release issues. d. IA will be provided a controlled/limited access modem and dial up line to the servers running IA products for support capabilities and more efficient problem diagnosis and troubleshootUlg. Failure of the customer to have remote dial-in available may result in charges being applied if an on-site resolution could have been accomplished remotely but was only necessary due to the remote dial-in capability being unavailable. e. Third Party Software I. Minor release upgrades free of charge whenever the software developer makes the offering. A minor release upgrade is any upgrade that is indicated by a change in the product numbers to the right of the decimal point in the version nwnber. 2. Software Patches-Any product that does not perform as represented by the developer is considered by IA to be in need of repair. Such repairs are considered patches to the original software and will be provided to the customer without charge if made available by the developer, 3: Upgrade Installation-Product minor releases upgrade installation will be made available to customers on a time and materials basis. 4, Patch Installation-Product patch installation will be made available to customers on a time and materials basis. f. Proprietary Software 1. Minor release upgrades- Minor upgrades of IA proprietary software is free whenever a minor release upgrade ofa vendor's product results in the need for modification. 2. Software Patches-Any IA Proprietary written product that does not perform as represented by IA is considered to be in need of repair, Such repairs are considered patches to the original software and will be provided to. the customer without charge,. 3, Upgrade Installation-Custom program minor release upgrade installation will be made available to customers on a time and material basis. 4. Patch Installation-Product patch installation will be made available to the customer on a time and material basis, D. Applications Software Support Issues (Not covered) a, Enhancement and major releases of the software application shall be negotiated on a case-by-case basis and are not within the purview of this Agreement. b. IA will not be responsible when the customer uses the application beyond the scope for which it was designed. This includes the co-existence of applications and addition of peripheral devices which may affect network performance, Page 3 - .:....--..;..-.--....:.-..-... '.. 6. Customer Responsibilities: ~ ..r.... ' A. Customer Responsibility. Customer has sole responsibility for Product Malfunctions caused directly or indirectly by any of the following acts, omissions, events and causes. Any services, by lA in respect of any such Product Malfunction shall be charged to Customer at lA's customary rates and such charges shall be due and payable according to the tenns and provisions under Section 4 "Services to be provided". In the event that a Product Malfunction is caused by a pre-existing Product Malfunction, lA will provide Service and/or repair damage in accordance with Section 4 "Services to be provided." 1. . Negligent or willful acts or omissions of the Customer, its employees or third parties. 2. Damage or destruction due to accident, casualty or other acts of God 3, Events not under the control oflA. . 4. Modification of any Product, as listed in Schedule A, not authorized by lA. S, Connection of any Product by mechanical or electrical means to equipment or devices not manufactured by lA or supplied by lA unless such connection has been specifically, in each instance, authorized by lA. 6, Work external to the Product. 7. Repair of damage, replacement of parts or increase in service time caused by neglect, accident or misuse by Customer, including, without limiting the generality of the foregoing, failure of electrical power or ,any other failure not attnbutable to a Product . 8, Painting or refinishing the case or exterior of any hardware Product, or furnishing material therefor. 9. Changes or performing services connected with relocation of any Product, or adding or removing accessories, attachments or other devices except as authorized by lAin writing, 10. Repair of damage or increase in service time caused by relocation or movement of any Product by Customer without the prior approval of lA, 11. Consumable materials such as ribbons, paper magnetic tape and cleaning materials, optical platters, scanner lamps,etc, 12. Repair of damage or increase in service time caused by use. of any Product for pwposes other than that for which it is designed. 13, Additional lA service time or other costs resulting from failure by Customer to perform daily . backup of its hard disk data. For example, time spent recovering or rebuilding database indices or data. B. Environment. Customer shall provide an9 maintain a clean operating environment that does not exceed the rated temperature and humidity specifications for the hardware Products. 7. IA Support Contact: John Lester Team lA, Inc. 714 Southlake Drive, Suite 100 Lexington, SC 29072 Office; 803-356-7676 FAX; 803-356-4942 lA shall have full discretion of which individual shall be the Support Contact and personnel providing service under this Agreement, and shall notify Customer of any change in its support contact. Page 4 .___..;....,a....__.......,.:........_...:.._....:.,. ~..:..__._.:...-._--:_.._~.. :_., . '".".' 8. Customer Contact: -.,--" For ROD: Debbie Freeman Augusta 530 Greene Street Annex 101 Augusta, GA 30911 706-821-2532 Mark Smith Augusta 530 Greene Street Annex 101 Augusta, Georgia 30911 706-821-2538 For License Applications and Building Permits: Debbie Freeman Augusta 530 Greene Street Annex 101 Augusta, GA 3091 I 706-821-2532 Mark Smith Augusta 530 Greene Street Annex 101 Augusta, Georgia 309 I I 706-821-2538 Customer shall have full discretion""of which .individual serves as its contact for the purposes of this Agreement. 9. Maintenance Charges and Payment A. Invoices, The Basic Annual Maintenance Charge for each Product shall be payable annually in advance on the frrst day of the annual Maintenance Term. The Extra Shift Maintenance Charges, On-Call Service charges and all other charges hereunder shallbe billed initially at the rates and as of the commencement date set forth in Schedule A. IA will invoice Customer for these additional maintenance services on a monthly basis, and payment will be due within thirty (30) days of the date of invoice. B. Change in Maintenance Charges. Prior to the commencement of a renewal term, IA shall notify Customer. . in writing of its maintenance charges for the ensuing renewal term. Unless Customer refuses to renew, as provided in Section 4, such charges shall become effective upon the beginning of the next renewal tenn. C. Late Payment, IA shall have no obligation to perform any maintenance service whatsoever with respect to any Product as to which any Maintenance charge hereunder is thirty (30) or more days past due. 10. Alterations and Attachments. Customer may make alterations or install attachments to the Products only at Page 5 . . - . " ..--.....-........,.....:'. .. '. damage or any increase in requIred maintenance ~sqjbutable to such alterations or attachments, If the alterations of or attachments to a Product prevent or impede IA from performing maintenance as required by this Agreement, Customer will, upon notice from IA, restore the Product to its original condition. 11. .. Movement of Products. Products covered by this Agreement are not to be moved to include from one database server to another, without the prior written consent of IA, which consent will not be unreasonably withheld. IA shall have the option of adjusting its rates for services under this Agreement if any Product must be maintained in a different location than where such Product is originally installed. IA will continue to provide maintenance service on such Products provided that IA personnel shall, at IA's then current rates, supervise all packing and unpacking of the Equipment and the reinstallation of the Products at the. new location. Any Products damaged in transit shall be repaired by IA personnel and charged for at IA's then-prevailing rates. No abatement in Basic Annual Maintenance Charges will be granted because Products are in transit. 12, Diagnostic Materials and Maintenance Aids. Any diagnostic materials and maintenance aids furnished by IA are for IA's use and are the property of IA and are proprietary. Customer agrees to keep such diagnostic materials and maintenance aids confidential, and to use its best efforts to prevent their unauthorized disclosure and use, Customer agrees that it will not make or allow to be made copies of any diagnostic materials or maintenance aids unless IA has given its prior written consent Customer may, however, make necessary copies of diagnostic materials and maintenance aids that are installed as part of the operating systems software, subject to Customer's confidentiality obligations as set forth in the System Sales Agreement. On each and every such copy, IA's proprietary notices and legends must appear, in the same manner and form as they appear in the original. The existence of a copyright notice will not cause or be construed as causing any diagnostic material or maintenance aid to be a published, copyrighted work or to be in the public domain, 13. Limitations on Warranty. ALL OTHER WARRANTIES, EXPRESS OR IlVIPLIED, INCLUDING THE IlVIPLIED WARRANTIES OF MERCHANTABILITY Ai'lD FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED, 14. Limitation of Damages and Remedies. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL IA'S AGGREGATE LIABILITY IN RESPECT OF THIS AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON THE LAW OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) EXCEED THE AMOUNT OF INSURANCE COVERAGE AS REFLECTED ON THE CERTIFICATE OF INSURANCE ATTACHED HERETO AS SCHEDULE Coo NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL IA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE PERFORMANCE OF (OR FAILURE TO PERFORM) ANY SERVICE UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM OF LIABILITY IS BASED UPON CONTRAcr OR TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER IA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMERS SOLE REMEEDY FOR BREACH SHALL BE A REFUND OF THE MAINTENAJ.'lCE PAYMENTS ALLOWABLE FOR THE PRODUCT IS FOR WIDCH THE MAINTENACE WAS DEFECTIVE FOR THE PERIOD REMAINING. 15. Exclusion From Coverage. IA retains the option at all times during the existence of this Agreement to exclude any product listed in Schedule "A" from coverage when: 1) the manufacturer or developer notifies IA. that a covered product will no longer be supported by the manufacturer or developer due to aging through the upgrade process and there is not a'suitable third-party acquiring the support, or 2) the industry can no longer supply the necessary repair components, IA may assist the Customer in developing a transition plan to replace products that will become obsolete by virtue of coverage exclusion at an additional charge. Such assistance. does not include the cost of acquiring, installing, implementing, or integrating the replacement product or .. service. If the product to be excluded is software, either the product or a version of the product, IA will continue to provide technical support to the Customer providing there is technical support from the third party vendor for the obsolete software, for at least 12 months after receipt of notification from the developer, If the third party vendor does not provide support for the excluded product, and the Customer selects that IA continue to provide support for the excluded product, IA will endeavor to fix any reported problems with the subject product. However, a fix will not be guaranteed by IA should a problem arise. Should any product be excluded Page 6 . , from coverage, IA will reimburse the unused portion gfJ,he coverage. Reimbursement shall be amortized based on the remaining period of this Agreement during which IA is no longer providing coverage and shall be limited to the portion of the annual charges applicable to the excluded product. 16, Insolvency. Either party may terminate this Agreement as to the other party by a notice in writing to such other party should any of the following events occur: A. Such other party makes an assignment for the benefit of creditors; or B, Such other party admits in writing its inability to pay its debts as they mature; or C. A trustee or receiver of such other party or of any substantial part of such other party's assets is appointed by any court and is not removed or discharged within sixty (60) days; or D, A proceeding is instituted by or against such other party under any provision of the Federal Bankruptcy Act. . 17. Non-solicitation of Employees. The Customer and IA agree they will not for a period of one year, directly or indirectly by assisting others during the term of this Agreemen(and for one (1) year from the termination of any agreement between the parties, on their own behalf or others, solicit, or attempt to solicit divert or appropriate, or attempt to solicit, divert or appropriate, any employee of the other party. 18, Notices. Any notice, demand or other communication required by this Agreement or otherwise given in connection.. . herewith shall be deemed to have been properly given when it is in writing and either (i) actually received by the party to which it is directed, or (ii) sent to such party at its address listed on the signature page hereof by registered or certified (return receipt requested) U.S. mail, postage prepaid. 19. Assignments. This Agreement is not assignable, None of the licenses granted hereunder may be sublicensed, assigned or transferred by Customer without the prior written consent of LA, which consent may be withheld by IA for any or no reason whatsoever in its sole discretion. Any attempt to sublicense, assign or transfer any of the rights, . . duties or obligations under this Agreement is void. 20, Modifications. This Agreement may not be modified or amended in whole or in part except pursuant to a writing signed by both parties. 21, Severability. The illegality, invalidity or.unenforceability of any tenns or conditions herein shall not render illegal, invalid or unenforceable any other tenns or conditions herein. 22. Entire Contract. Customer acknowledges that it has read this Agreement, understands it, and agrees to be bound by its tenns and conditions. Further, Customer agrees that this Agreement, together with any other applicable agreements, certifications, amendments and supplements and any exhIbits or attachments thereto, referencing this Agreement or expressly made a part hereof that are duly signed by the parties will be the complete and exclusive statement of this Agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. 23. Force Majeure. IA shall not be in default under this Agreement because of any failure to perform in accordance with its tenns and conditions if such failure arises from causes beyond IA's control, including, but not restricted to, acts of God, acts of government, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, inability to.. . secure raw materials or transportation facilities, acts or omissions of carriers, or any and all caused beyond control cl~ . 24, Governing Law. This Agreement shall be governed by the laws of the State of Georgia. All claims, disputes and other matters in question between AUGUSTA and IA arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. IA, by executing this Agreement, Page 7 .' , !, ".' ',.;' ,; :-_..:,~':~/."",'.;:~,.:~... :...c:.~:~:.~,:...~. .:'::'_ :.'::..:.::"':'.: _._ _.. _., _ ...... ..;..;. Specifically consents to venue in Richmond County and ~ves any right to contest jurisdiction and venue in the Superior Court of Richmond County, Georgia. . Page 8 ," . " . . . '. ~. ~,--._-'.- -..:.-=-->.~....~u___ _._.._-"_...._." '&..._~._.._ BY: ~~=6~. -AJJ' (Signa~ ~ (Signa eJ Brent Y"borough '-. . BY: ~ Lftlt/ I/'Q TITLE: 1114y~~ DATE: 5(/ /lJ / , , TITLE: President DATE: slti/aJ , I P~ge 9 . .. , . . . . . . .' -'-'-_._~.~~-'~l_"':'~_ 4.._~____.__ ~__...._....... .,. Aqgusta, Georgia '. Schedule A SUMMARy <<?~~.OSTS Option 1 Support Advantage Price Qty: SOFTWARE: -I Description: 1 1 1 fA Proprietary Software 23 3rd Party Software ROO Base System and Modifications 38,250 License Application Development 6,800 (Business/Alcohol) Building Permit Application Development included above 1 .-------------- .J ---.----------. Imaging Connections (Optika Imaging Software.) 8,790J 53,840 I 53,8401 Software Totals = Grand Total = · Optika Software support to expire on 6/30/01. IA to provide support on Optika support for full term (2/1/01 - 1/31/02) pursuant to terms of Section 15 of attached Maintenance Agreement. Maintenance charges for each subsequeJ:1,t year may be adjusted by an amount not to exceed any percentage increase of the Consumer Price Index, All Urban Consumers (All Items Index), as published by the V,S. Department of Labor, Bureau of Labor Statistics, during the calendar year immediately prior to the date of the increase. ~age 1 of 1 . Augusta-Richmond County General Terms . ::' ";": ',-,":.' . ~ .' . . . .. '. '''- . .. . ,.._..:...t..-~,-,_"_~_,,,__,,,. Schedule B ,I Feature II j Telephone assistance Onsite response ToU-free number Response prioritization Urgent* (phone) (onsite) - * System is completely down and non-functioning Serious* (phone) (onsite) * System is functional with one or more major components experiencing failure Not critical* (phone) (onsite) * System is functional with mlDor Droblems ..t''''''' Support Advanta2e Primary telephone assistarice is provided during (see note) standard business hours (8:00 a.In. through 5:00 p.m., Monday through Friday, holidays excluded. Assistance may be received at any point during the indicated response period. Onsite response is provided during standard (see note) business hours (8;00 a.m.. through 5:00 p.m., Monday through Friday, holidays excluded. All relevant access must be available to the responding service technician innnediately upon arrival. Such arrangements should be made prior to the technician's leavin.g their departure point. A toll-fr:ee telephone nwnber is provided to all Support customers, This number rings at Team IA's main office, Service calls are prioritized by the seriousness of the situation. Customers who have experienced total system failure receive priority. It should be noted, however, that while IA strives to respond as quickly as possible, response is only guaranteed within the response times commensurate with the purchased level of service. Return call less than 1 hour If the call is before I :00 PM, the technician will be onsite the same day. lfthe call is after 1;00 PM, the technician will be onsite the next morning, Return call less than I hour If the call is before II ;00 PM, the technician will be onsite the same" day, If the call is after 11 :00 PM, the technician will be onsite the next morning, Return Call within 2 hours The technician will arrive the next day or later based on mutual agreement. Page 1 of3 '. '::' ," ,". '. . ~_'__'H.__' .. " AU,gusta-Richmond County Schedule B Remote dial-in All customers who purchase support must provide IA a ~ to dial into the supported system to perform diagnostics and repair, This allows a technician to correctly ascertain problems before determining the necessary corrective action. Many times the solution can be applied remotely, Failure of the customer to have remote dial-in available may result in charges being applied if an onsite resolution could have been accomplished remotely but was only necessary due to the remote dial-in caDabilitv being unavailable. Two-hour on-site response Option (only available withIn a SO-mile radius of IA) .(see note) Holiday surcharge $1751br (phone) (I hr min for phone) (see note) $2501br (onsite) (3 hr min for onsite) Designated contacts (2) Initial response calls will be made to the designated contact person placing the original service call. Should the designated contact person be unavailable at the time the response call is made, the responding support. person will request the secondary contact. If the secondary contact is not available, a message will be left for the designated contact person placing the original service call. Additional contacts $150/rn.o each Note: Monday through Friday does not include any national or state holidays. Twenty-four hour support is Monday through Sunday with surcharges being applied for New Year Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day, Optika Imaging Software Assurance l Feature 1[ Support Advanta2e ] Minor release upgrades All support plans provide minor release upgrades free of charge whenever the software developer makes them available. A minor release upgrade is any upgrade that is indicated by a change in the product numbers to the right of the decimal point in the version number. IA will indicate to the customer during contract negotiation which . products are covered by this provision. Software patches Any product that does not perform as represented by the developer is considered by IA to be in need of repair. Such repairs are considered patches to the original software and will be provided to the customer without charge. Page 2 of3 .i< " . .;',:'. ':. . ~"-~",-.",,.,"~'-.._"..:-..., . Augusta-Richmond County Upgrade installation Product minor release upgrades will be made availa.J,~to customers on a time and materials basis. Customers may choose to have this feature included in their plan as an option to prevent time and materials charges being made, Election of this option is only available at the beginning of-any contracted period including renewals, Patch application All support plans offer patch application to the customer free of charge, Schedule B Proprietary Software ~ Feature 1/ Support Advanta2e ] Minor release upgrades This plan provides minor release upgrades to IA proprietary written software free of charge whenever a minor release upgrade ofa vendor's oroduct results in the need for modification. Software patches Any proprietary written product that does not perfonn as represented by IA is considered to be in need of repair, Such repairs are considered patches to the original software and will be provided to the , customer without charge. Upgrade installation Product minor release upgrades will be made available to customers on a time and materials basis. Customers may choose to have this feature included in their plan as an option to prevent time and materials charges being made, Election of this option is only available at the beginning of any contracted period including renewals, Patch application All support plans offer patch application to the . - . . customer free of charge. Page 3 of 3 . AUGUSTA Schedule C TECHlVOLOOYERRORS AND OMISSIONS LIA8IUTY PRoncnoN - CLAIMS-MADE COVERAGE SUMMARY -<'#'-' ""IIRIUI This Coverage Summary shows the limits of coverage. deductibles lInd retroactive date that apply to YOUr Technology Errors And Omis- sions Liability Protection - Clalms-Made. It also lists vendors of YOur computer or elec- tronic products or servlcea. 11' any, who are protected persons under thet egreement. Ll1nItI Of COVill,. lath errClf' Olllil Toul limit. DeduC1Jbla $2.000.000 $2.000,000 Eadt elfor dlldul:liltlL Tatal deduetllllL $5,000 NONE bapoltlnl Nora: If none Or Zero is shown for the Total deductible, the totlll amount you'll be responsible tor within the Each error deductible is not limited. v.ntIo, of. your cnpvter Dr electronic pralluds or ",vlcea: 1I11J1OI'taIlIt Note: If no date Is shown above, we'll consider the retroactive date to be the same as the beginning date of your TechnOlogy Errors And Omissions Liability Protection _ Claims-Made. . RetrDaC1lv. Date: 03-02-98 43599 Aev.4-94 Printed in U.S,A. Coverage Summary eSt.Paul Fire and Marine Insurance Co.1994 All Right. A".rved NaIIIe of InlUred INFORXA.TION ADVANTAGE. INC. POlicy ,.,.."., TE06802080 Iffeetlv. Date 03/02/99 Processillg DN 01/lJ/99 14:03. 001 Page 1 of 2 Page 1