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(Quoted to:�City of Decatur j Attention:'GeL rard J. Bauer � � <br /> ( � Contract#� MN4691-13 � � <br /> � - — —_ – -- - =� <br /> b)Client shall be responsible for implementing at its expense,aU changes to the curcent version.Client understands that changes fumished by MLTNIS fox the current version are for implementation in the current <br /> installed software products version as it exists without customization or client alteration. <br /> 7.Client ResponsibiliNes. <br /> a)Client shall provide,at no charge to MUNIS, full and&ee access to the programs covered hereunder: working space;adequate facilities within a reasonable distance from the equipment;and use of machines, <br /> ' attachments,features,or other equipment necessary to provide the specified support and maintenance service. <br /> b)In the event Client uses the software producu licensed herein on a iJNIX platfornn,Client shall maintain for the duration of the Agreement an intemet (T$LNET) connection. In the event Client uses the softwaze <br /> products licensed herein on a NT plaiform,Client shall maintain a dialup connection through PC-Anywhere. MCJNIS,at its option,shall use the connection to assist with problem diagnosis and resoluGon. <br /> 8.Non-Assignability. The Client shall not have the right to assign or transfer its rights hereunder to any pariy. <br /> 9.Excused Pionperformance.MIJNIS shall not be responsible for delays in servicing the products covered by this Maintenance Agreement caused by strikes,iockouts,riots,epidemic,war,govemment regulations, <br /> fire,power faiture,acts of God,or other causes beyond its control. <br /> 10.Limita6on of Liability. The liabiiity of MLJNIS is hereby limited to a claim for a money judgment not exceeding the fees paid by the C►ient for services under this Maintenance Agreement. The client shall not in <br /> any event be entitled to,and MIINIS shall not be tiable for,indirect,special,incidental,consequentiai or exemplary damages of any nature. <br /> 11.Goveroing Law.1'his Maintenance Agreement shall be governed by and construed i�accordance with the laws of ClienPs state of domicile. <br /> 12.EnSre Agreement <br /> a)This Maintenance Ageement represents the entire agreement of Client and MiJNIS with respect to the maintenance of the soRware products and supersedes any prior agreements,understandings and representations, <br /> whether written,oral,e�pressed,implied,or statutory. Client hereby acknowledges that in entering into this agreement it did not rely on any representations or warranties other than those explicitly set forth in this <br /> Maintenance Agreemenk <br /> b}If any term or provision of this Agreement or the apQ►ication thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Maintenance Agreernent or the application of <br /> such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable sha(1 not be affected thereby,and each term and provision of this Maintenance Agreement shall be valid <br /> and enforced to the fullest extent permitted by law. <br /> c)This Maintenance Agreement may only be amended,modified or changed by written instrument signed by both parties. <br /> l <br /> � , <br /> 12 of 14 <br />