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INSURANi L U d ��L, A-2005-133B WORK Mil" PROCUP UNTIL INSURPWI 1 XPIRES 7-1 5 --y (.0 _.__.._.. CLERK OF COUNCii DATF SOFTWARE MAINTENANCE AGREEMENT c : PD (8 Fzujev) THIS SOFTWARE MAINTENANCE AGREEMENT (this "Agreement") is made and (f s� entered into this 16th Day of May, 2005, by and between MOSTWANTEDSOFTWARE, LLC, a California limited liability company ("Licensor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( hereinafter "City"). RECITALS: A. Pursuant to the terms of the Software License Agreement dated 5/16/2005, by and between Licensor and City, Licensor has licensed to City a software product entitled "The Law Enforcement Administrative Database (L.E.A.D.)" to be used by law enforcement agencies for the purposes of organizing and operating various administrative functions for law enforcement agencies from a single database (the "Software"). B. City now desires to obtain certain software maintenance services from Licensor, and Licensor now desires to provide certain software maintenance services to City, pursuant to the terms and subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensor and City hereby agree as follows: 1. Software Covered. The software covered by this Agreement is the Software, as more fully described in the Licensing Agreement, as the Software may from time -to time be updated with improvements or modifications furnished to City under either the Licensing Agreement or this Agreement. During the term of this Agreement, Licensor shall supply City with any improvements or modifications to the Software which are not charged for by Licensee as discretionary options to the Software. 2. Correction or Replacement. During the term of this Agreement, Licensor shall correct or replace the Software or provide the services necessary to remedy any programming error which is attributed to Licensor and which significantly affects City's use of the Software. Such correction or replacement services shall be promptly accomplished after City has identified and notified Licensor of any such error in accordance with Licensor's reporting procedures. 3. City Support. City agrees to provide Licensor with data extracts, as requested, and with sufficient support and test time on the City's computer system to duplicate the problem, certify that the problem is with the Software, and certify that the problem has been corrected. City also agrees to provide Licensor with reasonable internet access to the Software for purposes of allowing Licensor to carry out its responsibilities under this Agreement. 4. Term. The term of this Agreement shall commence upon the effective date of the Licensing Agreement, and shall continue for a period of one year thereafter, after which it may be terminated by either party on thirty (30) days' prior written notice.