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Sector will assess a ten percent (10%) surcharge over and above the Improvements fee for that Contract <br /> Year, with such surcharge to be imposed on a prorated basis for the portion of the Contract Year that <br /> Customer remains on a general release version that is more than two(2) releases behind the then-current <br /> release of the Component Systems in question. Once Customer is using a release that is no more than <br /> two (2) general release versions behind the then-current release, the Improvements surcharge will be <br /> removed on a prospective basis, as of the date that Customer is using the release that is no more than <br /> two(2)general release versions behind the then-current release. <br /> NOTE: <br /> Customer and SunGard Public Sector are parties to a separate written agreement ("Legacy Agreement") under which <br /> SunGard Public Sector is providing Customer with maintenance and support services for SunGard Public Sector's HTE brand <br /> software system ("Legacy Software'). SunGard Public Sector will continue to provide Customer with maintenance and <br /> support services for the Legacy Software in accordance with the terms of and for the fees specified in the Legacy Agreement <br /> through the expiration of the one year period that is in effect as of the Execution Date ("Current Legacy Period"). June 1, <br /> 2012 will be the "Commencement Date" for purposes of this Agreement. Customer's maintenance subscription for the <br /> Legacy Software will not renew under the Legacy Agreement for any period after the expiration of the Current Legacy Period. <br /> If, during the time in question, Customer is paying for and receiving Improvements for the Baseline Component Systems <br /> identified above under this Agreement, then, at the expiration of the Current Legacy Period, SunGard Public Sector will also <br /> provide Customer with Defect corrections and avoidance procedures (but not with New Releases of and Enhancements) for <br /> the Legacy Software pursuant to this Agreement, at no additional fee, until the earlier of: (a) three (3) years following the <br /> expiration of the Current Legacy Period; or(b)the date that Customer begins using all of the Component Systems Identified in <br /> the table above in a production mode. <br /> The pricing provided for above is conditioned upon Customer paying for maintenance and support for the Legacy Software <br /> through the expiration of the Current Legacy Period. For the period from the Execution Date through the Commencement <br /> Date, SunGard Public Sector will provide Customer with Improvements for the Baseline Component Systems and Baseline <br /> f maintenance and support fees for <br /> Customizations identified in the table above in consideration of Customer's payment o the ma pp <br /> the Legacy Software through the expiration of the Current Legacy Period. <br /> Notwithstanding anything to the contrary, Customer shall continue to be responsible for payment <br /> of charges associated with third party products (QRep Web Anonymous, VeriSign Digital <br /> Certificate,ACOM) until receipt of effective written notice of termination for the subsequent term. <br /> Page 6 of 7 <br /> SPS Maintenance 71112010 <br />