2011-199 Finance - IMMIX Technology for Kronos Automated Time Keeping System

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imixTechnolc~gy, Inc.. a subsitfissry~tf umnixGr replacement of the deficient Equipment and/or Software media, at Contractor's option, provided that Ordering Activity's use, installation and maintenance thereof have conformed to the meet the Contractor specifications ("Specifications"). This warranty is extended to Ordering Activity only and shall not apply to any Equipment (or parts thereof) or Software media in the event of: (a) damage, defects or malfunctions resulting from misuse, accident, neglect, tampering, (including modification or replacement of any Contractor components on any boards supplied with the Equipment), unusual physical or electrical stress or causes other than normal and intended use; (b) failure of Ordering Activity to provide and maintain a suitable installation environment, as specified in the Specifications; or (c) malfunctions resulting from the use of badges or supplies not approved by Contractor. PROFFESSIONAL AND EDUCATIONAL SERVICES Warranty Contractor warrants that all professional and educational services performed under this Attachment A shall be performed in a professional and competent manner. In the event that Contractor breaches this warranty, and Ordering Activity so notifies Contractor within 30 days of receipt of invoice for the applicable services, the Ordering Activity's remedy shall be Contractor's re-performance of the services which were deficient in a manner so as to conform to the foregoing warranty, at no additional cost to Ordering Activity. Contractor professional and educational services teens The following terms and conditions shall apply to Contractor's provision of Professional and/or Educational Services purchased by Ordering Activity: a. Professional Services: • Contractor will provide Ordering Activity with a Professional Services Estimate or Statement of Work that outlines the project deliverables and provides an estimate for the project scope and cost required to complete the engagement, based upon preliminary information provided by Ordering Activity. • Contractor and Ordering Activity agree that given the use of estimated times; the Assess Phase of the engagement will be used to determine whether modifications to project scope and cost are required. • Any such modification to project scope and cost will be supported through the generation of a Contractor Change Order that is signed by the Ordering Activity (see Change Order Process below). • The original project scope and cost of an engagement will apply until, and if, the Ordering Activity signs a Change Order. • The Professional Services Estimate or Statement of Work is valid for one year from the date of signature. • Contractor will invoice the Ordering Activity on a monthly basis for all Professional Services provided during the previous month. • Professional Services work will be conducted during normal business hours, 8:00 AM - 5:00 PM, Monday through Friday. • All Professional Services work scheduled to start outside of normal business hours will be billed in full at a premium rate described below. For work to be performed After Hours, on Holidays, or on Weekends, an approved Change Order will be required prior to scheduling (see Change Order Process below). Ordering Activity will be charged as follows: (i) All Professional Services will be scheduled and billed in 4 hour increments with a minimum charge of 4 hours. (ii) After Hours (a) All scheduled work will be billed at 1.5 times the current contract rate by role. (b) After Hours are 5:00 PM - 8:00 AM, Monday through Thursday. (iii) Weekend (a) All scheduled work will be billed at 2.0 times the current contract rate by role. (b) Weekend is 5:00 PM Friday- 8:00 AM Monday. (iv) Holiday (a) All scheduled work will be billed at 2.0 times the current contract rate by role. (b) Holiday is recognized Contractor Holiday (see below). (v) Onsite Support requiring Travel: (a) All travel time (portal to portal) will be billed at the current contract rate by role. (b) Expense reimbursement is pursuant to the Attachment A covering such Professional Services between the Ordering Activity and Contractor. • Contractor requires notification for the cancellation or rescheduling of Contractor personnel. Ordering Activity will be charged for failure to meet the following notification requirements: (i) 2 business days prior to scheduled work - 50% of planned charges are invoiced for scheduled work. (ii) 1 business day prior to scheduled work - 100% of planned charges are invoiced for scheduled work. • In providing Professional Services, Contractor recognizes the following holidays: (i) New Year's Day .»-~~~-vcoon www.immixtechnology.com Page ST-152