2012-373 EMS - Sunguard Public Secotr Inc for CAD Replacement $589,875

Browse Search

THIS AGREEMENT is entered into between SunGard Public Sector and Customer on the Execution Date. SunGard Public Sector and Customer have entered into a Software License and Services Agreement dated as of the Execution Date (the "License Agreement") for the Software. Customer desires that SunGard Public Sector provide Maintenance and Enhancements for and new releases of the Baseline Software identified in Exhibit 1 on the terms and conditions contained in this Agreement, and for the Custom Modifications identified in Exhibit 1 on the terms and conditions of this Agreement. Accordingly, the parties agree as follows: 1. Incorporation By Reference. Sections 1 enough information to enable SunGard Public Sector (Definitions), 6 (Payments) 8 (Confidential to replicate the deviation on a computer configuration Information), 9 (North Carolina Public Records that is both comparable to the Equipment and that is Act) and 10 through 17, inclusive (Indemnity under SunGard Public Sector's control. by SunGard Public Sector; Non-Appropriation, Notices, Force Maieure, Assignment, No "Enhancements" means general release (as Waiver and Choice of Law; Venue: opposed to custom) changes to a Baseline Severability, respectively) of the License Component System or Custom Modification which Agreement are incorporated into this increase the functionality of the Baseline Component Agreement by this reference as fully as if System or Custom Modification in question. written out below. If any provision incorporated by reference from the License "Improvements" means, collectively, Agreement conflicts with any provision of this Maintenance, Enhancements and New Releases Agreement, the provision of this Agreement provided under this Agreement. will control. "Maintenance" means using reasonable efforts 2. Additional Definitions. to provide Customer with avoidance procedures for or corrections of Defects. The hours during which Maintenance will be provided for each Component "Contract Year" means, with respect to System, the targeted response times for certain each Baseline Component System and defined categories of Maintenance calls for each Custom Modification, each one (1) year period Component System and Custom Modification, and beginning on the Execution Date or the other details and procedures (collectively, the anniversary thereof, and ending one (1) year "Maintenance Standards") relating to the provision of thereafter. Maintenance for each Component System and Custom Modification are described in attached Exhibit 2. "Custom Modification" means a change that SunGard Public Sector has made at "New Releases" means new editions of a Customer's request to any Component Baseline Component System or Custom Modification, System in accordance with a SunGard Public as applicable. Sector-generated specification, but without any other changes whatsoever by any person "Notification" means a communication to or entity. Each Custom Modification for which SunGard Public Sector's help desk by means of: (i) SunGard Public Sector will provide Customer SunGard Public Sector's web helpline; (ii) the with Improvements is identified in Exhibit 1. placement of a telephone call; or(iii) the sending of an e-mail, in each case, in accordance with SunGard "Defect" has the meaning ascribed to Public Sector's then-current policies and procedures that term in the License Agreement, and for submitting such communications. further, with regard to each Custom Modification, means a material deviation 3. Services. between the Custom Modification and the SunGard Public Sector-generated (a) Types of Services. During the term of this specification and documentation for such Agreement, SunGard Public Sector will provide Custom Modification, and for which Defect Customer with Maintenance for, Enhancements of, Customer has given SunGard Public Sector and New Releases of each Baseline Component Page 2 of 7 SPS Maintenance 7/1/2010