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DocuSign Envelope ID:7DCC2B8A-E44C-4172-BF52-8A8B6D647BED <br /> 58 <br /> its own discretion, that a reported Software defect requires a programmatic change to the Software, <br /> Farragut shall provide the Software correction in the form of a Software Maintenance Release. Customer <br /> promptly will install all Software Maintenance Releases provided by Farragut. Software Support will also <br /> include reasonable assistance, upon request, during Farragut's normal business hours by telephone, e- <br /> mail, web, or Farragut's CSC for the installation of any new Software Maintenance Releases for the <br /> Software. On-site installation of Software Maintenance Releases and any Customer staff training specific <br /> to those Software Maintenance Releases are not included under Software Support. If Customer requires <br /> on-site installation of Software Maintenance Releases by a Farragut technician, those services must be <br /> requested in writing in advance to Farragut by Customer. Any such services will be invoiced to Customer <br /> by Farragut on a time and materials basis, plus reasonable and actual expenses. Modifications to the <br /> Software by anyone,other than Farragut staff may render the Software Maintenance Releases incompatible <br /> with the Software. <br /> 2.5 Services Not Included. Software Support does not include: <br /> (a) Software Installation, Implementation and Training Services. Farragut will not <br /> provide Software installation, implementation or training services pursuant to this Agreement. Farragut may <br /> provide these services to Customer by separate written agreement specifying the terms and conditions of <br /> installation, implementation and/or training services and related fees and charges. <br /> (b) Custom Programming Services. Custom programming services are not included <br /> in Software Support. Farragut may provide custom programming services to Customer by separate written <br /> agreement between Farragut and Customer specifying the custom programming services and related fees <br /> and charges. Custom programming services could include development of custom computer programs, <br /> custom programming related to the Software, and installation, training and maintenance with respect to <br /> such custom computer programs and custom programming. <br /> (c) On-Site Support. On-site support is not included in Software Support. At <br /> Farragut's discretion as provided in Section 2.3(c)of this Schedule or upon receipt of a written request from <br /> Customer, Farragut will provide Customer on-site support at a mutually agreed upon time. Customer <br /> agrees to pay Farragut for on-site support on a time and materials basis at Farragut's then prevailing rates, <br /> plus expenses (including but not limited to travel, lodging and miscellaneous expenses), and for <br /> replacements at Farragut's list prices, unless otherwise agreed in writing by Farragut and Customer. <br /> (d) Hardware, Third-Party Software and Related Supplies. Farragut will not provide <br /> any hardware, third party software or related supplies pursuant to this Agreement. Farragut may provide <br /> hardware, third-party software and related supplies to Customer by separate written agreement between <br /> Farragut and Customer specifying the terms and related fees and charges. <br /> (e) Customer Infrastructure Defects. Trouble-shooting, diagnosing or otherwise <br /> identifying defects that are a result of Customer's hardware and/or software systems ("Customer <br /> Infrastructure")that the Software has been installed on for operation are not covered by Software Support. <br /> Any defect that is reported against the Software and which is subsequently determined by Farragut to be <br /> caused by Customer Infrastructure shall be the responsibility of Customer and any time extended by <br /> Farragut to trouble-shoot, diagnose or otherwise identify the cause of said defect shall be chargeable to <br /> Customer at Farragut's prevailing rates prevailing rates, plus expenses (including but not limited to travel, <br /> lodging and miscellaneous expenses), and for replacements at Farragut's list prices, unless otherwise <br /> agreed in writing by Farragut and Customer. Customer agrees to waive the requirement for prior written <br /> approval in the case of a Customer Infrastructure defect. <br /> (f) Other Support Services. If Farragut, in its discretion, provides other support, in <br /> addition to the Software Support described under this Schedule, Customer will pay Farragut for the services <br /> on a time and materials basis at Farragut's then prevailing rates, plus expenses, and for replacements at <br /> Farragut's list prices, unless otherwise agreed in writing by Farragut and Customer. At Customer's request, <br /> Farragut will provide to Customer a written schedule of Farragut's then prevailing rates and list prices. <br /> - 13- <br />