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<br /> <br />CITY OF SUNNY ISLES BEACH <br />SUNGARD LICENSED PROGRAM(S) SUPPORT <br />CONSULTANT AGREEMENT <br />CONTRACT NO. C0506-45-2 <br /> <br />THIS LICENSED PROGRAM(S) SUPPORT AGREEMENT (this "Agreement") is entered into <br />this I ~-k, day of _M ~ ' 2006, by and between the City of Sunny Isles Beach, a <br />political subdivision of the tate of FloIlda, whose address IS 18070 Collms Avenue, Sunny Isles <br />Beach, F L 33160, (hereafter referred to as "Customer"), and SunGard HTE Inc., having its <br />principal place of business at 1000 Business Center Drive, Lake Mary, FL .32746, (hereafter <br />refened to as "SunGard"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, SunGard and Customer entered into that certain SunGard Software License <br />Agreement dated of even date herewith (the "License Agreement") under which Customer <br />obtained a perpetual, non-exclusive, nontransferable license to use certain computer software in <br />object code form and related user documentation on celtain terms and conditions; <br /> <br />WHEREAS, Customer desires to receive the Support, as defined herein, from SunGard <br />and SunGard desires to render the Support to Customer with respect to the Licensed Program (as <br />hereinaftel defined) on the terms and conditions set forth herein; <br /> <br />NOW THEREFORE, in consideration of the premises hereof; and the mutual obligations <br />herein, the parties hereto, intending to be legally bound, hereby agree as follows: <br /> <br />SECTION 1 <br />DEFINITIONS <br /> <br />For the purposes of this Agreement, the following definitions shall apply to the respective <br />capitalized terms: <br /> <br />1 1 "LICENSED PROGRAM." "Licensed Program" means the software identified in a <br />sch~du1e, supplement or amendment to the License Agreement between the parties <br />(Schedules), including any extracts from such software, derivative works of such <br />softwar'e, or collective works constituting such softwar'e (such as subsequent Releases) <br />to the extent offered to Customel under this Agreement or License Agreement. This <br />excludes computet software not developed by SunGar-d which might be used in <br />conjunction with the SunGard Public Safety Licensed Program, such as word <br />processors, spreadsheets, terminal emulators, etc. <br /> <br />1 .2 "MODIFICATION." "Modification" means a change to the Licensed Program <br />requested by Customer to meet its specific needs and use, adding value, functionality <br />and/or desirability for Customer <br /> <br />C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement <br /> <br />J'>/ <br />~ <br />