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ATTACHMENT E, PAGE 2 D. "Documentation" - shall include but not be limited to: (1) users manuals, (2) systems manuals, (3) and operating manuals and summary literature. All such documentation as provided by HMS is subject to copyright and shall be treated and held by Client as confidential proprietary material of HMS. E. "Upgrades" - all "upgrades" made to the Licensed Software by HMS shall be furnished to Client. Charges for upgrades are included in the fees set forth in Exhibit C. "Upgrades" shall mean improvements to the Licensed Software which relates to operating performance to the Licensed Software which relates to performance but which do not change the basic function of the Licensed Software. ARTICLE 4: TERM OF AGREEMENT: The terms shall commence on the date of the installation of equipment pursuant to that certain Contract for Computer Hardware and Software dated ÛíJ. /~ ,1986, between the parties hereto and continue in force for the period of one year from such date and from year to year thereafter until one party notifies the other party, in writing, of such party's desire to terminate this agreement not less than (60) days prior to any anniversary date thereof. Failure to give notice of termination not less than sixty (60) days prior to the expiration of the term hereof or any extension shall be deemed renewal for one additional year period. Termination of this Agreement shall not affect the rights, duties and liabilities which accrue prior to final termination. ARTICLE 5: BUSINESS TERMINATION RIGHTS: In the event that HMS or any successor company shall, for any reason, cease to conduct business, this contract shall automatically cease, and no further charges or services required. ARTICLE 6: PRICE PROTECTION: Exhibit C represents the current charges for software maintenance. Said charges shall remain unchanged for 12 months after the commencement of this Contract, unless the parties otherwise agree in writing. Said charges can be increased or decreased by HMS at each yearly renewal date or anniversary date hereof by HMS notifying Client of such changes in writing not less than thirty (30) days prior to any anniversary date. Said revised charges shall remain in full and effect for the contract year next ensuing the charge-revision notice. Client agrees to pay such revised charges. ARTICLE 7: CHARGES BY TYPE AND PAYMENT TERMS: A) The charges set forth in Exhibit C hereof are for software maintenance services performed hereunder and unless specifically provided elsewhere herein, no additional charges shall be made by HMS for its services under this Agreement.