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Res 1986-121
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Res 1986-121
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8/28/2007 8:54:28 AM
Creation date
8/28/2007 8:54:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1986-121
Date
10/13/1986
Volume Book
83
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<br />ATTACHMENT G, PAGE 4 <br /> <br />ARTICLE 13: RIGHTS TO FUTURE PACKAGE OPTIONS: In the event <br />HMS shall produce any enhancements or functional changes in the <br />Licensed Software after delivery of the Software hereunder, <br />Client shall have the right to obtain such enhancement <br />providing the client has executued and maintained a valid <br />software maintenance agreement with HMS at the cost of <br />reproduction, installation, and training at the prevailing HMS <br />labor and overhead rates. <br /> <br />ARTICLE 14: UPGRADES: All "upgrades" made to the Licensed <br />Software by HMS shall be furnished to Client. Charges for <br />upgrades are set forth in the Software Maintenance Agreement. <br />"Upgrades" shall mean improvements to the Licensed Software <br />which relates to operating performance to the Licensed Software <br />which related to performance but which do not change the basic <br />function of the Licensed Software. <br /> <br />ARTICLE 15: SOURCE AVAILABILITY AND ACCESS: HMS agrees to <br />furnish to Client without charge, a single copy of the source <br />code used in preparation of the Licensed Software. Upon taking <br />possession thereof, Client agrees that the source code shall be <br />subject to the restrictions of the Licensed Software set forth <br />in this Agreement. <br /> <br />ARTICLE 16: APPLICABLE LAW: The laws of the State of Georgia <br />shall govern interpretation of this Contract. <br /> <br />ARTICLE 17: ENTIRE AGREEMENT: <br />A) This Contract and the Exhibits embodies the whole agreement <br />of the parties. There are no promises, terms, conditions, or <br />obligations referring to the subject matter hereof other than <br />contained herein. <br />B) No amendment or modification of this Contract shall be <br />valid or binding on any party unless such amendment or <br />modification is in writing and signed by the duly authorized <br />representatives of both parties. <br /> <br />ARTICLE 18: COMPLIANCE WITH ALL LAWS: <br />A) Each party agrees that it will perform its obligations in <br />accordance with all applicable laws, rules, executive order and <br />regulations now and hereafter in effect. <br /> <br />B) If any term or provision of this agreement shall be found to <br />be illegal or unenforceable, then it shall be stricken. This <br />agreement whereupon as so amended shall remain in full force <br />and effect. <br /> <br />C) Each of the parties hereto agree not to discriminate against <br />any person in hiring, firing, upgrading, or demoting on the <br />basis of age, sex, race, color, creed, national origin or <br />physical handicap unless such handicap materially interferes <br />with or would prevent any person from fully performing his or <br />her job assignments. <br /> <br />-4- <br />
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