Tadpole Cartesia Inc dba TC Technology 1/2/2008

field labels, menus, etc. The parties expressly agree that software development is outside the scope of this Agreement. The parties further agree that any software development will only be contracted for by use of an additional, separate, written agreement. 6.3 Resources TC Technology shall commit and utilize sufficient resources to use its best efforts to meet the interim milestones within the timetable. 6.4 Timetable TC Technology shall notify City of any circumstances, if, as and when they arise, that may be reasonably anticipated to lead to a material deviation from the timetable set forth in this Agreement. Such deviations shall constitute a material breach of this Agreement unless they are caused by events, actions or activities beyond TC Technology's reasonable control not otherwise constituting a breach of this Agreement, in which latter event the timetable to which the deviation is applicable shall be extended by the number of calendar days of delay causing the deviation. 7 DELIVERY,INSTALLATION AND ACCEPTANCE 7.1 Delivery and Installation TC Technology shall deliver and install the Software at the location(s) designated by the City, and shall deliver thereto all documentation and other materials. TC Technology may configure the Software either prior to installation at a location of TC Technology's choosing, or TC Technology may configure the Software during installation at the location(s)designated by the City. TC Technology shall inform City when such delivery, installation and configuration occur. 7.2 Tests Promptly upon completion of the installation of the Software, TC Technology shall perform tests to ensure the operability, adequacy and accuracy of the Software. City shall be notified before the tests are run, and City shall be allowed to observe the testing. Typically,the software should suffer no noticeable problems with screen refresh when installed and configured using city standard issue hardware defined in the RFP. The system configuration shall guarantee system availability without loss of one or more critical functions. 7.3 Acceptance City shall accept the Software when it delivers to TC Technology a written notice accepting the same. At its sole option,the City may issue multiple partial acceptances. 7.4 Cure of Non-Conformities or Defects In the event that City notifies TC Technology of non-conformance or reproducible and verifiable defects, TC Technology shall promptly cure any defects or non-conformities. 8 CONFIDENTIALITY 8.1 City Information To Be Kept Confidential TC Technology acknowledges that it may be provided access to confidential data of City that is not subject to disclosure pursuant to RCW Chap. 42.17. TC Technology shall use its best efforts: Page 4