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Revisi Two EXHIBIT A 10f3 SYMCO GROUP, INCORPORATED 18980724 (Reference Number) EQUIPMENT MAINTENANCE AGREEMENT WITH THE OBJECTIVE OF KEEPING YOUR UNISYS EQUIPMENT IN SATISFACTORY AND EFFICIENT OPERATION, SYMCO GROUP, INCORPORATED AGREES TO FURNISH MAINTENANCE SERVICE AT OUR DESIGNATED LOCATION ON THE EQUIPMENT LISTED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS: ,. TERM The initial term of the Agreement shall be .2.. years from the date accepted and executed by an authorized representative of SYMCO (the -effective dale' and thereafter may be renewed on a~ -to- ~ buis unless terminated by either party upon...A2... days written notice prior to the end of the then current term. 2. MAINTENANCE 8. SYMCO shall provide maintenance and parts to maintain equipment In good operating condition. Such maintenance shall be provided as required, and at such charges as designated by this contract. b. Parts necesSary to the proper functioning of the equipment shall be furnished at no additional charge, except parts damaged by causes listed In Paragraph B.b herein. / 3.' ATTACHMENTS CUSTOMER agrees not to employ additional attachments, features. or devices to the equipment, make alterations to the equipment, or permit the maintenance of the equipment by other than SYMCO personnel without the written consent of SYMCO. SYMCO shall not be liable tor loss or damage to CUSTOMER resulting therefrom, and CUSTOMER shall be liable to SYMCO for any service cosls incurred by SYMCO _ as a c:onsequence thereof. 4. SUPPLIES MaIntenance charges do not indude the furnishing of supplies (such as ribbons, cards, paper tape, paper fonns, or magnetic tape). Only supplies which meel Unlsys specifications shall be used by CUSTOMER when the performance or maintenance of the equipment may be affected. 5. SHIPMENT OF EQUIPMENT (IF DEPOT MAINTENANCE) a. The parties agree that the method of equipment packaging and shipment both to and from the Service Depot, shalf be in accordance with commercially reasonable standards, consistent with the nature of the equipment and the hazards of transportation and handling. CUSTOMER agrees to package the equipment along with its service log in an authorized SYMCO container for shipment to the Service Depot. SYMCO agrees to return the serviced equipment to the CUSTOMER in an authorized SYMCO container. b. All transportation expenses will be bome by CUSTOMER. 6. CHARGES AND PAYMENTS a. CUSTOMER agrees to pay maintenance charges upon submission by SYMCO of a correct invoice thereof. Invoices shall be submitted on or about the firsl day of each period for which services are to be provided. ACCEPTED SYMCO GROUP, INCORPORATED 3073 McCall Drive, Suite 1 Atlanta, Georgia 30340 BY A?C<V e.. ~.d!(~ j-,.~ tf! AUTHORIZED SIGNATURE . " /l.vat:#"'V TITLE DATE q.~ Z. / ~ Z-c-'o { b. This agreement may be suspended by SYMCO without notice, if payment is thirty (30) days In arrears, or terminated by SYMCO, without notice, If payment is sixty (60) days in arrears. c. Any applicable tax will be added to other charges specified. 7. CUSTOMER INSTALLATION RESPONSIBILITIES CUSTOMER shall: (i) continuously maintain a log of system use and perfonnance and make same available to SYMCO upon request, (ii) continuously maintain environmental conditions, electrical requlrements and site facilities in accordance with Unisys recommendations and specifications, (liij not abuse or misuse the equipment and (iv) Insure that CUSTOMER personnel are adequately !rained to operate the equipment. B. GENERAL CONDITIONS a. The equipment must be In good operating condition on the Effective Date of this Agreement b. SYMCO Is not obligated under the terms of this Agreement to repair damage to equipment caused direcUy or ltldlrectly as a result of aeddent, negligence, or abuse of or by CUSTOMER or third parties, failure of CUSTOMER to maintain required environmental conditions; causes external to the system such as electrical power fluctuation or taBures; fire, windstorm, the elements, or acts of God. Such repair wm be rendered upon specific order by CUSTOMER, and after approval by CUSTOMER of the estimated charges thereof. c. This Agreement shall be transferable with the consent of SYMCO and CITY OF SANTA ANA, and upon transfer shall remain In effect until terminated as herein provided. d. IN NO EVENT SHALL SYMCO BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL OR OrHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATION UNDER THIS AGREEMENT. e. This Agreement may not be amended except in writing signed by an authorized representative of CUSTOMER and SYMCO. This Agreement constilutes the entire agreement be,,^,een the parties and supersedes all prior communications, proposals or agreements relating to maintenance service of the equipment. f. It Is agreed that the laws of the State of Caljfornia shall govern without reference to the place of execution of performance of same. Any and all legal action to be transacted or brought in the courts of the State of Ca6fomla. CUSTOMER BY ITS SIGNATURE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO ALL ITS TERMS AND CONDITIONS. NAME CITY OF SANTA ANA AODRESS 20 CIVIC CENTER PLAZA C1Sfl SANAT~f'NA. CALIFORNIA 92702 ~~ }./1...,.;_ AU.IHOR;ED~ATURE Thomas J. Gergen M;:tn~gprf Tl1formRtion Services BY TITLE DATE 18 September 2001 ."",