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'/ ? <br />City of North Olmsted, N? xxx xxxx - 4 1 <br />Application Software Support and Maintenance Features <br />Application Software Maintenance will include as a minimum: <br />• Cost of all labor and materials <br />• On-line repair if necessary of application software commencing with date <br />of delivery to CITY; <br />• A maintenance program and servicing network available to supply such <br />maintenance on a"4 hour response" basis, or that of the following <br />morning in the case of a late afternoon trouble call, for business hours, <br />excluding holidays and weekends. <br />Application Software Support and Maintenance: Hours of Availability <br />The VENDOR will make Maintenance and Support services available to CITY <br />during standard business hours, Monday through Friday except for recognized <br />holidays. VENDOR will extend availability of service coverage for weekend <br />coverage provided CITY provides at least a week notification of the need for such <br />coverage and agrees to pay the surcharge identified at the time of notification. <br />F. THIRD PARTY SOFTWARE <br />VENDOR is providing third party software from other vendors. Third party software <br />products shall carry the full warranties provided by the licensor. The database <br />management software includes, at no additional charge, telephone support and any <br />enhancements released during the first ninety days of this Agreement. During year l, <br />year 2, 3, 4, and 5 of this Agreement, support will continue provided that CITY <br />maintains in full force and effect a Software Maintenance Agreement with the licensor. <br />VENDOR, as authorized agent for third party software, shall be responsible for <br />furnishing to CITY third party software support. <br />VENDOR hereby expressly warrants that prior to CITY's acceptance of any <br />deliverables pursuant to this Agreement, all delivered programs, documentation, <br />reports and other items will be properly functioning and compliant with the terms of <br />this Agreement and the RFP response by VENDOR, Replacement Pages and Addenda. <br />VENDOR's liability with respect to said warranty is limited to the correction of errors <br />and defects in the application software system, which VENDOR shall correct or <br />replace within a reasonable time after written notification of said deficiencies by <br />CITY. VENDOR further expressly warrants that the software systems and their <br />components will be fully compatible with the purchased hardware, including the latest <br />operating system issued by the hardware manufacturer at the tiine of the final systems <br />delivery, and witli one another and as approved and authorized by VENDOR. In the <br />event that the VENDOR or its authorized sub contractor fails or refuses to repair an <br />identified error, deficiency or defect within a reasonable time after written notification <br />by CITY, CITY may at its option, cause same to be repaired or corrected; and <br />Prepared by Barry Strock Consulting Associates, Inc. O 2004 <br />i