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Quoted to: Orange County Attention: Pam Jones <br />Contract # MN5019 -4 <br />b) Client shall be responsible for implementing at its expense, all changes to the current version. Client understands that changes fimtished by MUNIS for the current version are for implementation in the Current <br />installed software products version as it exists without customization ore] icat alteration. <br />7. Client Iteapaosibil'riies. <br />a) Client shall provide, at no charge to MUNIS, full and free aces to the programs covered hereunder working space, adequate facilities within a reasonable distance from the equipment, and use of machines, <br />attachments, features, or other equipment necessary to provide the specified support and maintenance service. <br />b) In the event Client uses the software products licensed herein on a UNIT{ platform, Client shall maintain for the duration of the Agreement an internet (TELNET) connection. In the event Client uses the software <br />products licensed herein on a NT platform, Client shall maintain a dlalup connection through PC- Anywhere. MMS, at its option, shad use the connection to assist with problem diagnosis and resoiltuon. <br />S. Hon- Assigrubility. The Client shall not have the right to assign or transfer its rights bereumder to any party. <br />4. Excused Nonperformance.. MUNIS shall not be responsible for delays in servicing the products covered by this Maintenance Agreement caused by strikes, lockouts, riots, epidemic, war, government regulations, <br />fire, power failure, acts ofGad, or other causes beyond its control. <br />10. Lltnitation of Liability. The liability of MUNIS is hereby limited to a claim for a stoney judgment not exoceding the fees paid by the Client for services under this Maintenance Agreement. The client shall not <br />in any event be entitled m, and MUNIS shall not be liable for, indirect, special, incidental, consequential or exemplary damages ofany nature. <br />11. Governing Law. This Maintenance Agreement shall be governed by and construed in accordance with the laws of Client's state of domicile_ <br />12. Entire Agreement. <br />a) This Maintenance Agreement represents the entire agreement of Client and MINIS with respect to the maintenance of the software products and <br />supersedes any prior agnxments, undetstandimgs and <br />represetuations, whether writterr, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this agreement it did not rely on any representations or warranties other than those explicitly <br />set forth in this Maintenance Agreement <br />b) If any term or provision of this Agreement or the application thereof to any person or cimmistance shall, to any extent, be invalid or unenforceable, the remainder of this Maintenance Agreement or the application <br />Ofsuch tone or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Maintenance Agreement shall be <br />valid and enforced to the Ulest extent permitted by law. <br />c) This Maintenance Agreement may only be amended, modified or changed by written instrument signed by both patties, <br />12 of 14 <br />0 <br />0 <br />s= <br />S <br />M <br />m <br />0 <br />m <br />