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Opening of Proposals - Utility Billing System - Tyler Technologies, Inc - Part 2
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Opening of Proposals - Utility Billing System - Tyler Technologies, Inc - Part 2
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4/4/2025 8:57:37 AM
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Board of Public Works
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Projects
Document Date
1/23/2018
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purposes only. Yourlicense rights tothe Third Party Software will begoverned bythe Third Party Terms. <br />2.1 We will install onskethe Third Party Software, The installation cost is included in the installation fee in <br />the Investment Summary. <br />2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the, Third Party <br />Software, you will berequired topay such additional future fee. <br />2.9 The right to transfer the Third Party Software to a replacement hardware system is governed by the <br />Developer. You will give usadvance written notice ofany such transfer and will pay usfor any required <br />orrequested technical assistance from usassociated with such transfer. <br />3. Third Party Products Warranties. <br />3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. <br />l2The Third Party Hardware will benew and unused, and upon payment infull, you will receive free and <br />clear title to the Third Party Hardware. <br />3.3 You acknowledge that weare not the manufacturer of the Third Party Products. VVednnot warrant or <br />guarantee the performance ofthe Third Party Products, However, vvegrant and pass through toyou <br />any warranty that we may receive from the Developer or supplier of the Third Party Products. <br />4. Maintenance. If you have a Maintenance and Support Agreement in, effect, you may report defects and <br />other issues related tnthe Third Party Software directly to us, and we will (a) directly address the defect or <br />issue, bothe extent |t relates toour interface with the Third Party Software; and/or (b)facilitate resolution <br />with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement <br />|meffect with that Developer, |mall events, |fyou donot have oMaintenance and Support Agreement |n <br />effect with us, you will be responsible for resolving defects and other issues related to the Third Party <br />Software directly with the Developer. <br />SECTION: IF — INVOICING AND PAYMENT; INVOICE DISPUTES <br />1. Invoicing and Payment. VVewill invoice you for all fees set forth inthe Investment Sumrnarypermur <br />Invoicing and Payment Policy, subject to Section F(2), <br />Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this <br />Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable <br />invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that <br />we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment <br />to the invoice, or a proposal addressing the issues presented in your notice. VVewill work with you asmay <br />be necessary todevelop an action plan that outlines reasonable steps to betaken by each ofmsto resolve <br />any issues presented: |nyour notice. You may withhold payment ofthe amnomnt(s)actually |mdispute, and <br />only those amounts, until vvecomplete the action items outlined imthe plan. hfw/eare unable tocomplete <br />the action items outlined in the action plan because of your failure to complete the items agreed to be done <br />byyou, then you will remit full payment ofthe invoice. VVereserve the right tosuspend delivery ofall <br />services, including maintenance and support services, if you fail to pay an invoice not disputed as described <br />above within fifteen (15)days ofnotice ofour intent todoso. <br />SECTION G—TERMINATION <br />t N <br />��mer <br />
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