2000 S ERCD - Geo-Base/Land Management and Permit Information Tracking System

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'PERMITS'Plus AGREEMENT BETWEEN Accela,Inc.,hereinafter referred to as Accela,and The County of Orange.NC hereinafter referred to as User. Executed this_day of ,2000. User must execute this agreement and return to Accela by December 31.2000 to be valid. RECITALS Accela provides the`PERMITS'Plus®System,hereinafter referred to as"Software". Accela provides this"SOFTWARE"and licenses its use. Customer The County of Orange,NC Address P.O. Box 8181 City/State/Zip Hillsborough,NC 27278 Product Name `PERMITS'Plus Accela Reference No WIN00 Release No. 3.0 or Higher No.of Licenses 25 License Fee $25,310.00(includes Client Server Option) $ 5,000.00'PERAUTIS'TrueGis'" $ 6,000.00'PER•MITS'Workflow— $ 500.00 1PERNIIT3'Officelink- $ 5,000.00 PERMITS'Voice— No Charge(VelocityHalfti)(Approximate Value of$30,000.00)* $41,810.00 TOTAL *These fees are waived on User's agreement that VelocityHailn will be Implemented within 60 days from execution of this agreement. If the User does not make a reasonable effort to complete implementation of VelocityHal" within 60 days of the execution of this agreement,any discount given the User shall be billed to the User. The discount extended to the Agency is approximately$30,000.00. TERMS AND CONDITIONS OF AGREEMENT BETWEEN ACCELA AND USER GENERAL CONDITIONS OF THE"SOFTWARE"LICENSE A1.00. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement. A2.00. MODIFICATION.No modification or variation of this Agreement shall be valid unless in writing signed by both parties. A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby.Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope permissible under the law of said jurisdiction,and if no validating construction is possible, shall be severable,and all other provisions hereof shall remain in full force and effect. A4.00.DELAYS. .01. Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the"Software"or any component thereof or any service to be rendered by it hereunder,or for failure to give notice of any delay,when such delay is due to the elements,acts of nature,acts of civil or military authorities,acts of the other party which are not provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party,any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each partys schedule of performance shall be extended by a period of time equal to the time lost because of any such delay,provided written notice has been given to the other party of such delay and its estimated duration,within five(5) days of the time the party has actual knowledge of such delay. .02. Notwithstanding the foregoing, in every case, the delay or failure to perform must be beyond the control, and without the fault or negligence of,the party claiming excusable delay. Any delays created by the User will extend the implementation time period by the same time period. 0rangeCo-NC-1ic4.doc 1 USER ACCELA,INC. M-