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Miami-Dade County,FL I BW9872-1/20 <br /> Provisions <br /> 1. In the event there is a conflict between the provisions of this Software Maintenance <br /> Agreement, the provisions of the agreement, BW9872 -1/20, shall supersede. <br /> 2. An invoice shall be submitted to the Agency prior to the expiration of the current coverage. <br /> Invoicing shall be in accordance to Article 16, Method & Terms of Payment, of the <br /> agreement, BW9872 -1/20. •• <br /> 3. Remote access to the Centracs system is required for Bronze coverage. The Agency shall <br /> maintain a VPN (Virtual Private Network) or other secure network connection for remote <br /> access to the system by Econolite. Econolite will provide support services by means judged <br /> appropriate by Econolite. Such means may include, without limitation, remote access to <br /> Agency computer(s), remote telephone consultations, and the provision of written <br /> documentation and other materials to Agency, by mail or electronic means. Response time <br /> for requests for remote support shall be kept under twenty-four(24) hours. <br /> 4. In the event that hardware, operating system, or other third party software, in use by the <br /> Agency is deemed by Econolite not to be sufficient for installation of an Upgrade Release, <br /> then the Agency shall be responsible for the cost of any new hardware or software as may <br /> be required. <br /> 5. In the event that Econolite identifies a fault or failure in software or hardware not covered <br /> under this agreement, which affects the operation of the ATMS, then Agency agrees to take <br /> prompt action to correct such faults and failures. Upon correction of said failures, Econolite <br /> shall ensure that the ATMS is restored and operational within one (1) business day. <br /> 6. In the event that Econolite identifies a fault or failure in Econolite developed software or <br /> manufactured hardware covered under this agreement, which affects the operation of the <br /> ATMS, Econolite shall ensure that the system is restored and operational within one (1) <br /> business day. If the failure is due to third party hardware or software, provided by Econolite, <br /> Econolite will ensure that the system is restored within one (1) business day of the third <br /> party replacing or repairing the items which they supplied. <br /> 7. This agreement may be voided at the option of Econolite if Agency modifies any part of the <br /> ATMS software where source code has been provided. Econolite will determine, in its <br /> discretion, if these modifications impede the ability to provide continued support and system <br /> upgrades. <br /> 8. A software upgrade may require hardware and third party COTS software (e.g. operating <br /> systems, database servers, drivers, etc.) upgrades to ensure the performance and <br /> functionality of the system. Econolite will provide details of minimum system requirements <br /> and the system will be upgraded at Agency's cost to meet or exceed these requirements at <br /> least one week prior to the base ATMS software upgrade. <br /> 9. This upgrade may not support all the functionality of the previous version of the ATMS. Prior <br /> to the upgrade, Econolite will provide Agency with release notes for the new product that <br /> describes new and modified functionality. It is not anticipated that any core functionality will <br /> be lost, however support for obsolete field devices may not be included in future system <br /> upgrades. Econolite must notify the County one (1) year in advance of needed <br /> replacement(s) before support stoppage of obsolete field devices. <br /> 10. There shall be no third-party applications loaded onto any server, workstation or laptop <br /> accessing or forming part of the ATMS without the prior approval of Econolite. <br /> 11. This agreement specifically excludes damage to the ATMS caused by the following: <br /> accident, unusual physical, electrical, electromechanical stress, neglect, misuse, failure of <br /> Page 54 of 57 <br />