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("Third Party Transaction Services") fees and will be invoiced on the following,subject to the per minute <br /> and per message pricing identified in Exhibit C-4,attached hereto: <br /> 1. Percentage of trips receiving callbacks monthly <br /> 2. Percentage of trips receiving SMS messaging notifications monthly <br /> 3. Number of monthly IVR voice minutes <br /> 4. Monthly SMS messages <br /> 7. The parties acknowledges and agree,the Third Party Transaction Services are provided"as is"and <br /> "as available". TripSpark disclaims all representation and warranties, express, implied, or statutory, <br /> including the implied warranties of merchantability,fitness for a particular purpose,and non-infringement. <br /> In addition,TripSpark makes no representation,warranty or guarantee regarding the reliability, timeliness, <br /> quality, suitability, or availability of the Third Party Transaction Services or that such Third Party <br /> Transaction Services will be uninterrupted or error-free. <br /> 8. The parties agree the TripSpark Ripple Notifications(Inbound and Outbound) Software license fees, <br /> implementation services fees, maintenance fees, Third Party Transaction Services' fee and TripSpark <br /> PASS-IVR (Confirm/Cancel, CallBacks) Software maintenance fees shall be due and payable in <br /> accordance with Exhibit C-4 and Exhibit F-4,attached hereto. <br /> 9. Notwithstanding anything to the contrary under the Agreement, the parties agree TripSpark shall not <br /> provide a warranty for the TripSpark Ripple Notifications(Inbound and Outbound)Software product. <br /> 10. All remaining terms, conditions, and covenants of the Agreement remain unchanged and shall be <br /> applicable to the obligations of the parties relating to the TripSpark Ripple Notifications (Inbound and <br /> Outbound)Software product. <br /> 11. In consideration of the promises herein,Customer releases and discharges TripSpark from any and <br /> all liability and obligation,in any all respects,as it relates to the TripSpark PASS-IVR(Confirm/CanceI, <br /> CallBacks)Software products from the date of Software Acceptance by Customer of the TripSpark Ripple <br /> Notifications(Inbound and Outbound)Software product. <br /> 12. All other terms and conditions of the Agreement remain unchanged. <br /> IN WITNESS WHEREOF, the parties have caused this Contract Amendment #4 to be signed by their <br /> duly authorized representatives as of the date above. <br /> TRA' 0 • ' GROUP,INC.: CITY OF EVERETT• 4 <br /> By �.�.. By: r.A:/A A.' 0:4 ....,Y w.A <br /> Name: \15.4,A 6t+5,v�- Name: �C4 S'fe I h(;i K!SC <br /> Title: 1 3\ t17' 110,►+A9,. Title: Moyer <br /> ATTEST: APPROVED AS TO FORM <br /> --)171-k)rt � 1)(M-1A E�� >i <br /> -C/A I-yCity Clerk <br /> .jr" 1). ILES. City Attorney <br /> Amendment#4 Page 2 of 12 <br />