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software listed below (collectively, the "Software"). All of the Software is licensed pursuant to the terms <br />of agreements between the County and the third parties listed below (the "Software Agreements"). <br />License, software warranties, indemnification, and other terms and conditions relating to the Software are <br />covered by the terms of the Software Agreements and are not covered by the terms of this Agreement. <br />However, as part of the implementation services outlined in this Schedule, IIS will assist the County by <br />helping determine the source of any issues with the Software, resolving issues associated with NCPTS. <br />Vendor/Party to Software <br />License Agreement Name of Software <br />NCACC NCPTS <br />The County's request for proposal number 5086 for the implementation of a Property Information <br />Management System ("RFP"), and IIS' response to the RFP dated July 19, 2007 and Revised IIS <br />Functional Response to Orange RFP #5086 (collectively, "Response"), are hereby incorporated by <br />reference. In the event of any conflict between the terms of the Services Agreement and the Project Plan, <br />Response, and RFP, the following order of precedence shall apply: <br />1. Attachment A <br />2. The Services Agreement <br />3. Response <br />4. RFP <br />2. DELAYS <br />The parties agree that time is of the essence and to work together in good faith to meet established <br />timeframes and avoid delays in the completion of Services. In the event that either party believes that a <br />delay may be likely, whether due to factors within the control of such party or outside the control of such <br />party, then it shall promptly notify the other party in writing and the parties will meet as soon as <br />practicable to discuss ways to mitigate or avoid any such delays. <br />County shall provide IIS with access to County's personnel, facilities, databases, information, approvals <br />and security clearance as set forth in this Schedule, an agreed Project Plan or other agreed project <br />document. In addition, so long as IIS provides reasonable advance notice, County will provide <br />reasonably required office space and limited access to a telephone, computer, copier, printer and parking <br />spaces. County also understands that certain individuals, because of their position or particular expertise, <br />may be required to participate in the Services on an `as needed' basis to attend meetings, provide <br />answers, research issues, define policies, etc. <br />County acknowledges that a delay in the completion of the Services is likely to lead to additional costs <br />for IIS. In the event that County solely causes a delay of more than two (2) months in the completion of a <br />major Phase of Services as defined in the Project Plan, then County agrees to pay IIS a fee in an amount <br />equal to one percent (1%) of the total fees due for such Phase for each week that the Project is delayed <br />past 2 months, up to a maximum of 10% (10 weeks). <br />IIS acknowledges that a delay in the completion of the Services is likely to lead to additional costs for <br />County. In the event that IIS solely causes a delay of more than two (2) months in the completion of a <br />major Phase of Services as defined in the Project Plan, then IIS agrees to provide County with a credit in <br />an amount equal to one percent (1 %) of the total fees due for such Phase for each week that the Project is <br />delayed past 2 months, up to a maximum of 10% (10 weeks). <br />-8- <br />