Tadpole Cartesia Inc dba TC Technology 1/2/2008

10.3 TC Technology further represents, warrants and guarantees that the Software provided hereunder shall: (i)properly individually and in combination with other software,correctly process, sequence, and calculate all date and date related data for all dates prior to, through and after January 1, 2000, and (ii) shall recognize, store and transmit date data in a format which explicitly and unambiguously specifies the correct century,month,day of the month,and day of the week, including,but not limited to, date/century recognition,calculations that accommodate same century and multi-century formulas and date values, and date data interface values that reflect an accurate and correct day, month,year and century. In the manipulation of external data,the Software provided by TC Technology shall work accurately based on correct data input. TC Technology is responsible for ensuring that calculations are accurate and successful in computations involving the year 2000. In addition,TC Technology guarantees that the year 2000 leap year calculations will be accommodated and will not result in hardware, firmware, and/or software failures. TC Technology is responsible for products and services sublicensed by TC Technology to City,and TC Technology agrees that all warranties and guarantees by a TC Technology vendor superior to TC Technology shall be passed through and/or assigned as necessary to the City. 10.4 TC Technology represents and warrants that(i) TC Technology has the power and authority to enter into and perform this Agreement, (ii)this Agreement, when executed and delivered, shall be a valid and binding obligation of TC Technology enforceable in accordance with its terms, and(iii) TC Technology shall, at all times during the term of this Agreement,be qualified,professionally competent, and duly licensed to perform the Work. 10.5 TC Technology represents and warrants that it is the sole owner or licensee (with the right to sublicense) of the Software it furnishes and installs pursuant to this Agreement and that no license other than that granted by this Agreement is necessary for the City to possess or use any of the Software lawfully. 10.5 TC Technology represents and warrants: (1)that all Software shall be prepared by it in a workmanlike manner and in accordance with the highest professional standards; (2)that all Software will function on the machines and with operating systems for which they are to be installed under this Agreement; (3)that all Software will conform to the specifications and functions set forth in the documentation; (4) that the maximum number of records that can be maintained or processed by the Software provided hereunder shall be the same maximum number of records per file allowed by the underlying database software; and(4)that TC Technology will perform all work in compliance with applicable law. 11 SOFTWARE SUPPORT AND MAINTENANCE 11.1 Term For one year from the date all Software provided hereunder and work pursuant to this Agreement is accepted by City,TC Technology shall provide technical support and Software updates at no charge. "Software updates"includes, but is not limited to,the release, issuance or shipping of an updated,modified, enhanced or changed release or version of any of the Software. 112 Notice of New Releases or Enhancements TC Technology shall notify City of the availability of any new releases or enhancements of the Software. Page 6