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Page 1 <br />NCPTS SOFTWARE MAINTENANCE AND SUPPORT <br />AGREEMENT <br />This Software Maintenance and Support Agreement (this “Agreement”) is made and entered into <br />as of ____________ (the “Effective Date”) by and between Farragut Systems, Inc., a North <br />Carolina corporation having a place of business at 2810 Meridian Parkway, Suite 160, Durham, <br />North Carolina 27713 (“Farragut”) and Orange ("County”), a North Carolina county with a mailing <br />address of its executive offices at _________________________________________. <br />In consideration of the mutual promises and covenants contained herein and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />agree as follows: <br />1. Background <br />1.1. County has acquired a license to certain software known as NCPTS from NCACC <br />pursuant to the Property Tax Software License Agreement between NCACC and County (the <br />“License Agreement”). The specific software version(s) acquired by County and supported <br />under this Agreement (“Software”) is specified in Exhibit A hereto. <br />1.2. County desires to retain Farragut to provide support and maintenance services for <br />the Software (“Services”), and Farragut desires to provide such services to the County, in <br />accordance with the terms of this Agreement. <br />2.Definitions. In addition to the definitions in the License Agreement, Farragut and County <br />agree to the following definitions. <br />2.1. “Error” means a failure of the Software to perform in accordance with its published <br />documentation. <br />2.2. “Hot Fix” means a software patch that resolves a Critical Severity issue and is <br />delivered prior to the normal System Release. <br />2.3. An “Issue” shall mean a reported Error or other request for assistance under this <br />Agreement to be tracked for completion within the scope of this Agreement. <br />2.4. A “Severity Level” shall mean the level of importance for all Issues as reasonably <br />established by the County. The Severity Level designations shall consist of the following: <br />(a)“Critical Severity” Error means an Error that materially impedes the <br />operation of the entire Software or major portions of the County’s business <br />operation, and a workaround is not available; <br />(b)“Major Severity” Error means an Error that causes a substantial impact on <br />a major business process; however, a workaround is available or the function <br />can be completed on a limited basis; <br />(c)“Minor Severity” Issue means an Error that causes a minor impact on a <br />business process or a requested enhancement. <br />EXHIBIT IIDocuSign Envelope ID: 7DCC2B8A-E44C-4172-BF52-8A8B6D647BED