2008/10/22 Council Agenda Packet

u Late Payments. All invoices will be sent at least thirty(30) days prior to their due date. Payments received forty five(45) days after their due date will be assessed a ten(10) percent late fee. 9. Taxes. In addition to other amounts payable under this Support Agreement, Customer shall pay any and all federal, state,municipal, or other taxes, duties, fees, or withholding currently or subsequently imposed on Customer's use of the Software or the payment of the License Fee to Company, other than taxes assessed against Company's net income. Such taxes, duties, fees, withholding, or other charges shall be paid by Customer or Customer shall provide the appropriate authority with evidence of exemption from such tax, duty, fee,withholding, or charge. If Company is required to pay any such tax, duty, fee, or charge, or to withhold any amount from monies due to Company from Customer pursuant to this Support Agreement, Customer shall promptly reimburse Company any such amounts 10. On Site Support. The Customer shall reimburse Company at the rate of$1,500.00 per day for any On-Site Support incurred at the Customer's direct written request and authorization. This rate shall prevail regardless of the number of Company support personnel dispatched to the Customer's site, and shall be paid for each day that Company personnel are required to be on the Customer's site. Customer will not pay for Company personnel travel time or travel expenses. In response to written Customer requests for Company to provide on-site routine non-emergency support, Company shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the presence of Customer staff or other resources or materials. Any On-Site Support provided by Company shall only be invoiced by Company or paid by Customer if the problem arose due to something other than a defect in the Product. `Customer's Obligation 11. The Customer Agrees to: (a)furnish descriptions of Problem(s) in the form reasonably requested by Company Support representatives, (b) assist Company's efforts to reproduce the Problem in the applicable operating environment, and (c) make available qualified,trained staff on-site to carry out Company's instructions and/or provide remote access to system(s) as requested by Company. 12. The Customer shall designate its Support Contact(s)to provide routine end user support for the Customer personnel concerning the Product. 13. The Customer shall take appropriate steps to educate its end users about the need to contact the Support Contact(rather than Company directly) when support is needed. The Customer shall appropriately publicize the name, telephone number, and/or fax number and/or electronic mail address if applicable, of the Support Contact. 14. Access to Data and System. The Customer agrees to provide Company with data dumps, as requested,remote access to the Software system, and with sufficient test time on the Customer's computer system to duplicate the problem, to certify that the problem is with the Software, and to certify that the problem has been corrected. R i Coplogic Support and Maintenance Agreement 3