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CONTRACT AMENDMENT#4 <br /> THIS AMENDMENT is made effective this ,Z/ day of „it/J-2 e 2016 between: <br /> 1. Trapeze Software Group, Inc. a Delaware corporation (successor in interest to Trapeze Software <br /> Group, Inc. an Arizona corporation) with its place of business at 5265 Rockwell Dr NE, Cedar <br /> Rapids,IA 52402("Trapeze"or "TripSpark");and <br /> 2. City of Everett with its place of business at 3225 Cedar Street,Everett,Washington,U.S.A. <br /> 98201("Customer"). <br /> WHEREAS TripSpark and Customer intend to amend the TripSpark System Supply and Support <br /> Agreement made effective December 16, 2009, amended by Amendment No. 1, Amendment No. 2, and <br /> Amendment No.3 (the "Agreement") in order to remove the TripSpark PASS-IVR (Confirm/Cancel, <br /> CallBacks) Software product under the scope of the Agreement, and to add the TripSpark Ripple <br /> Notifications(Inbound and Outbound)Software product under the scope of the Agreement. <br /> NOW,THEREFORE,in consideration of the mutual covenants and undertakings set forth herein, <br /> TripSpark and Customer agree as follows: <br /> 1. The parties agree the TripSpark PASS-IVR(Confirm/Cancel,CallBacks)Software product is <br /> removed from the scope of the Agreement,in all respects,effective from the date of TripSpark Ripple <br /> Notifications(Inbound and Outbound)Software acceptance by Customer in accordance with Section 3, <br /> below. <br /> 2. The parties agree to the addition of the TripSpark Ripple Notifications(Inbound/Outbound)Software <br /> product to the scope of the Agreement. <br /> 3. The parties agree as a result of the removal of the TripSpark PASS-IVR(Confi m/Cancel,CallBacks) <br /> Software product and the addition of the TripSpark Ripple Notifications(Inbound and Outbound)Software <br /> product described hereunder,Exhibit A-4,attached hereto,is therefore added to and incorporated within the <br /> original Exhibit A of the Agreement. <br /> 4. The parties agree Section 4 of the Agreement shall be replaced,in its entirety,with the following and <br /> shall govern TripSpark Ripple Notifications(Inbound and Outbound)Software acceptance by Customer <br /> ("Software Acceptance"): <br /> Upon completing the delivery, installation, and testing of the Software on Customer network, TripSpark <br /> will notify Customer in writing. Customer will then have ten (10) business days in which to conduct <br /> acceptance testh in order to ensure that the Software operates in all material respects as specified in the <br /> Ddcpmentation. At the epd,of'this period, Customer will be deemed to accept the TripSpark Software <br /> unless TripSpark receives prior written notice outlining the nature of the perceived defects in the Software. <br /> Notwithstanding the above,Customer will be deemed to accept the Software when the Customer puts the <br /> Software into operational and functional use. The Software will be deemed to be in operational and <br /> functional use when the Customer first uses the Software to support its then current operations in any <br /> capacity. Upon the deemed acceptance of the Software in accordance with this paragraph,Customer will <br /> provide TripSpark with a written acknowledgement to confirm such acceptance. <br /> 5. The parties agree the implementation of the TripSpark Ripple Notifications(Inbound and Outbound) <br /> Software product shall be performed by TripSpark in accordance with the Statement of Work, attached <br /> hereto as Exhibit E-4. <br /> 6. The parties agree as a result of the addition of TripSpark Ripple Notifications (Inbound and <br /> Outbound) Software product, Customer shall be responsible for third party voice and messaging services <br /> Amendment#4 Page 1 of 12 <br />