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determined by Tyler in its sole discretion). <br />3. Pam ent. <br />a) Maintenance fees will be invoiced by Tyler annually in advance. Tyler will provide the City with <br />not less than forty -five calendar (45) days prior written notice of any change in annual maintenance <br />fees. <br />b) Additional Charges. Any maintenance services performed by Tyler for the City which are not <br />covered by the Maintenance Agreement, as set forth in Section C(5), including materials and expenses, <br />will be billed to City at Tyler's then current rates. In the event the City requires additional maintenance <br />services those services will be added to the Agreement utilizing an ACIS form. <br />c) Tyler reserves the right to suspend maintenance services if the City fails to pay undisputed <br />maintenance fees within sixty (60) calendar days of the due date. Tyler will reinstate maintenance <br />services upon the City's payment of all past due maintenance fees, including all such fees for the <br />periods during which services were suspended. <br />4. Maintenance Services Terms and Conditions. For as long as a current Maintenance Agreement is in <br />place, Tyler warrants that it will: <br />a) In a professional, good and workman -like manner, perform its obligations in accordance with <br />Tyler's then - current Support Call Process (current Support Call Process as of the Effective Date is set <br />forth in Exhibit 3) in order to conform the Tyler Software Products to the applicable warranty under <br />this Agreement. If the City modifies the Tyler Software Products without Tyler's prior written consent, <br />Tyler's obligations to provide maintenance services on and warrant the Tyler Software Products will be <br />void. <br />b) Provide telephone support for the Tyler Software Products. Tyler personnel will accept telephone <br />calls during the hours set forth in Exhibit 3. Tyler will make best efforts to reasonably extend <br />availability of maintenance services for weekend coverage provided the City provides at least two <br />weeks notification of the need for such coverage and agrees to pay the surcharge identified at the time <br />of notification. <br />c) Continuously maintain a master set of the Tyler Software Products on appropriate media, a <br />hardcopy printout of source code to the Tyler Software Products, and Tyler User Guides for use in <br />resolving a maintenance issue resulting from the City's use of the Tyler Software Products. <br />d) Maintain appropriately trained personnel who are sufficiently familiar with the Tyler Software <br />Products in order to provide maintenance services in accordance with the requirements of this <br />Agreement. <br />e) Provide the City with all releases to the Tyler Software Products, (including updates to the <br />applicable User Guides), that Tyler generally makes generally available to its Clients with current <br />Maintenance Agreements without additional charge to the City as long as it has a current Tyler annual <br />Tyler Financial And Human Resources Software Application Systems Agreement 2013 <br />n <br />