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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />1.3 "AG REEMENT TERM." An initial period shall commence upon execution of this <br />Agreement and extend for a period of one year. Thereafter, the Customer shall have the <br />sole option to extend the Agreement for two, one-year telms, unless this Agreement is <br />terminated sooner pursuant to Section 9 hereof. Payment of the invoice for annual <br />application support shall constitute Customer's election to renew this Agreement for an <br />additional one year term. In no event, however, shall the Agreement Term extend <br />beyond the prescribed term of the License Agreement. <br /> <br />1.4 "ERROR." Any failure of the Licensed Program to confOlm in all material respects to <br />the functional specifications for the Licensed Program published from time to time by <br />SunGard. However, any nonconformity resulting from Customer's misuse or improper <br />use of the Licensed Program or combining or merging the Licensed Program with any <br />hardware or software not supplied by SunGard, or not authorized to be so combined or <br />merged by SunGard, shall not be considered an Error. Nor shall Licensed Program or <br />data file damage resulting from unauthorized software alterations (including problems, <br />errors, or malfunctions caused or created by the operator), customizing of programs, <br />accident, neglect, power surge or failure, lightning, operating environment not in <br />conformance with the manufacturer's specifications (for electric power, air quality, <br />humidity or temperature), operating system errors, or hardware malfunction be <br />considered an Error. <br /> <br />1.5 "ERROR CORRECTION." Either a software modification or addition that, when made <br />or added to the Licensed Program, establishes material conformity of the Licensed <br />Program to the functional specifications, or a procedure or routine that, when observed in <br />the regular operation of the Licensed Program, eliminates the practical adverse effect on <br />Customer of such nonconformity. Not covered under Error Correction is the <br />responsibility for data file damage due to software or hardware malfunction. <br /> <br />1.6 "ENHANCEMENT." Any modification or addition that, when made or added to the <br />Licensed Program, materially changes its utility, efficiency, functional capability, or <br />application, but that does not constitute solely an ElTor Correction. Enhancements may be <br />designated by SunGard as minor or major, depending on SunGard's assessment of their <br />value and of the function added to the preexisting Licensed Program. <br /> <br />1.7 "COVERAGE HOURS." Monday through Friday 7:00 A.M. to 6:00 P.M. Eastern <br />Standard Time, excluding holidays, for any questions regarding the Licensed Program(s) <br />included in this Agreement. For a Major Application Problem for which such coverage is <br />so specified in the Supplement Schedule A contract #20060200, or so specified in any <br />subsequent Supplement Schedule A executed between the parties, SunGard coverage <br />hours will be 24-hours per day, 7-days per week. <br /> <br />1.8 "RESPONSE TIME." Within Eight (8) hours of the Coverage Hours from the time that <br />SunGard verifies that an Error is present, SunGard will initiate work toward development <br />of an Error Correction for a Major Application Problem. Minor Application Problems <br />will be fixed within the next scheduled Licensed Program Release. <br /> <br />2 <br /> <br />C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement <br /> <br />SIB <br />