SYSTEM INNOVATORS (3) - Laserfiche WebLink

Home Browse Search

11. Upgrades are defined as major new versions of the Software or subversions supplying new functionality. Upgrades may require additional services to be performed by SI outside of the scope of those services provided by SI under this Support and Maintenance Agreement including professional services for the installation and implementation of the Upgrade and additional training that will be subject to SI's then -prevailing policies, terns and Billable Fees related to pricing and hourly rates. 12. Updates/builds are defined as minor code updates to the Software, such as providing bug fixes or minor modifications. All Updates/builds of the Software will be made available to CITY at no additional charge other than the payment of the Support and Maintenance Fee. 13. SI shall not be required to perform corrective maintenance as part of its Support and Maintenance Services with respect to Software malfunctions caused by: (a) CITY's modifications to the Software unless performed at the direction of SI; (b) CITY's failure to use updates, enhancements or program error corrections; (c) Failure to use the Software in accordance with this Support and Maintenance Agreement or Master Renewal Agreement; or (d) Actions beyond Sl's reasonable span of control with respect to CITY's actions which alter the turnkey implementation environment, or cause hardware or Third Party Software malfunctions. 14. All payments hereunder shall be in U.S. dollars and shall be net of any taxes, tariffs or other governmental charges. SI shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Any tax SI may be required to collect or pay upon the sale, use or delivery of the support and maintenance services described in this Support and Maintenance Agreement shall be paid by CITY and such sums shall be due and payable to SI upon receipt of an invoice therefore. Any taxes levied in relation to the services required for a Release shall be paid by CITY. The CITY shall be responsible for the payment of any applicable duties and sales/consumption taxes. 15. The term of this Support and Maintenance Agreement shall be identical to the Term set forth in the Master Renewal Agreement unless terminated by either party upon giving to the other not less than one hundred and twenty (120) days' notice in writing prior to the end of the initial annual maintenance and support period or any subsequent annual maintenance and support period. CITY shall pay the then prevailing Support and Maintenance Fee in advance for each annual period of the Support and Maintenance Agreement, subject to CITY's payment practices as hereinabove set forth in Section 5. v