Opening of Proposals - Utility Billing System - North Star Utilities Solutions - Part 2

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9. TERMS & CONDITIONS' Sample Contract: SUPPORT AND MAINTENANCE AGREEMENT THIS AGREEMENT made as of the day of BETWEEN: N. HARRIS COMPUTER CORPORATION ("Harris") and - [ORGANIZATION] ("Organization") RECITALS NORTHISTAW Harris owns the Software which has been licensed to Organization pursuant to a Software License Agreement; The Organization wishes to receive support and maintenance services related to the Software; Harris shall provide the support and maintenance services related to the Software; The Organization and Harris are entering into three (3) separate agreements with each dealing with a separate aspect of the Software: a Software License Agreement, a Support and Maintenance Agreement and a Software Implementation Services Agreement. NOW THEREFORE, in consideration of the mutual covenants set out in this support and maintenance agreement (the "Support and Maintenance Agreement") and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: Unless otherwise defined herein, all defined terms used herein shall have the meaning ascribed to them in the Software License Agreement (the "License Agreement"). This Support and Maintenance Agreement is the exclusive statement of the entire support and maintenance agreement between Harris and Organization. Harris shall provide software support primarily via telephone and electronic mail in addition to site visits only when necessary. The support services will be provided only during the hours of operation as described in Exhibit 2 hereto and which are in effect as of the Start Date (as defined below), as such services may, at Harris's sole discretion, be modified or supplemented from time to time. To enable Harris to provide effective support, the NorthStar Proposal Response —South Bend Indiana