R95-163 ACCEPTING THE PROPOSAL AND AUTHORIZING CONTRACT

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HTE-PSI assumes no liability for any hardware products beyond manufacturers'wananty specified in the Supplement and applicable Schedule(s).Customer acknowledges that these products were selected by Customer to support features desired by Customer,and that they are included in the Agreement solely for that purpose. V. PRICING AND PAYMENT TERMS I All pricing and terms associated with Licensed Program(s)and any other HTE-PSI products and services are specified in the � Supplement. ' Fees for Support Services are payable priar to the commencement of Support Services. Should Customer require Support Services priar to receipt of payment and the contractual start date of such Service,Customer will be billed at the then prevailing hourly rate until payment is received. ', Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax,will be the responsibility of the Customer. VI. LICENSED PROGRAM TESTING AND ACCEPTANCE Beginning on the date ten(10)days after delivery of the Licensed Program(s)by HTE-PSI,the Licensed Program(s)will be available for non-productive use for testing for a period of thirty(30)days. This testing period is to determine whether the � Licensed Program(s)functions operate together and whether the Licensed Program(s)meet the Customer s specifications and/or requirements. At any time during the testing period,upon written notice,the Customer may discontinue the Licensed Program(s)and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by HTE-PSI prior to the end of the testing period,or if the Customer uses the Licensed Program(s)for other than non-productive use during the testing period,the Licensed Program(s)shall be deemed to be accepted under the provisions of this Agreement. (A) HTE-PSI shall notify Customer that the System is ready for Functional Tests at least ten(10)days before commencement of the Functional Tests. HTE-PSI and Customer shall jointly commence the Functional Tests on the date specified in Customer's notice(or other mutually agreeable date)and a representative of each party shall sign off on the form provided as part of the test procedure whether each item of the test was passed or failed. If Customer does not have a representative attend the Functional Tests,HTE-PSI shall proceed with those tests and immediately forward the test results to Customer. If the System does not fulfill the requirements of the Functional Tests as defined, in HTE-PSI's proposal,HTE- PSI shall correct the defects at no additional cost to Customer as soon as practicable. Upon correction of the defects the Functional Tests for the applicable part of the System shall be repeated in accordance with the procedures set forth in this Section. Upon successful completion of the Functional Tests the System shall be deemed acceptable by Customer and HTE- PSI shall give written notice to Customer of System Acceptance,thereby signifying the commencement of the 30 day acceptance period and warranty. (B) If Customer commences use of the System or any portion of the System for its intended purpose,other than for the express purpose of training or testing as mutually agreed upon by HTE-PSI and Customer in writing,prior to System Acceptance,the System or the applicable portion of the System shall be deemed accepted by Customer. The final payment for the System or the applicable portion of the System shall be due and payable upon such acceptance. The Warranty Period for the System or applicable portion of the System put into use together with the associated installation Services shall be deemed to have commenced concurrently with the use of the System or the applicable portion of the System for its intended purpose. The use of the System or the applicable portion of the System for its intended purpose shall be deemed to have occurred when Customer commences to use and rely primarily on the System or the applicable portion of the System for its communications. (C) As used in the Contract,the term"Acceptance Date"shall mean and"Acceptance"of the System shall be deemed to occur upon the earlier of: (1)the date on which the System is deemed accepted pursuant to subsection(A)above,or(2)the date on which the System is deemed accepted pursuant to subsection(B)above or at ninety(90)days from contract execution,provided that there are no material defects in the base product which would prohibit its productive use. 3