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<br />ATTACHMENT E, PAGE 3 <br /> <br />B) Custom programming furnished by HMS, in addition to other <br />subsystems which may be subsequently installed, shall be <br />maintained by HMS under the terms specified in this <br />agreement, however, Exhibit C shall be amended to included <br />charges for such other or additional services performed or <br />provided by HMS. <br />C) Payment for HMS' services hereunder shall begin on the <br />first day after the Designated Equipment iW installed and <br />accepted by the Client. <br /> <br />ARTICLE 8: <br /> <br />MAINTENANCE: <br /> <br />A. During the term of this Agreement HMS will maintain the <br />Licensed Software to operate with all updated and revised <br />versions of the system for which it is designed by HMS, <br />supply technical bulletins, and update users' guides from <br />time to time and to supply Client with any improvements or <br />modifications to the Licensed Software under this Agreement. <br />The charges for the services provided for in this Paragraph A <br />are included in the charges set forth in Exhibit C. <br /> <br />B. HMS will attempt to correct any error, and if such error <br />is found to be caused by modifications to the Licensed <br />Software by any party other than HMS then, HMS shall charge <br />the Client such service on a time and materials basis at <br />current HMS rates. <br /> <br />C. HMS is not responsible for consequential damages caused by <br />program malfunctions. <br /> <br />ARTICLE 9: UPGRADES: All "upgrades" made to the Licensed <br />Software by HMS shall be furnished to Client. Charges for <br />upgrades are included in the charges set forth in Exhibit c. <br />"Upgrades" shall mean improvements to the Licensed Software <br />which relates to operating performance but which do not <br />change the basic function of the Licensed Software. <br /> <br />ARTICLE 10: APPLICABLE LAW: The laws of the State of <br />Georgia shall govern interpretation of this Contract. <br /> <br />ARTICLE ll: LICENSE AGREEMENT: No termination of this <br />Agreement by either party shall affect any License Agreement <br />which may be entered into between the parties hereof. <br /> <br />ARTICLE 12: <br /> <br />ENTIRE AGREEMENT: <br /> <br />A. This Contract embodies the whole agreement of the parties. <br />There are no promises, terms, conditions, or obligations <br />referring to the subject matter hereof other than contained <br />herein. <br /> <br />B. No amendment or modification of this Contract shall be <br />valid or binding on any party unless such amendment or <br />