Res 2017-127/Mobile license plate recognition software

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r any password assigned to Customer and that any actions occurring under Customer's password will be deemed to have been performed by Customer. 2.7.2.1 Service Availability. NuPark shall provide the Hosting Services to be available 99 % of the time during Operating Hours as measured on monthly basis of availability, unless due to emergency, scheduled maintenance, or other outage beyond's NuPark's control. If NuPark is at fault or causes unavailability less than 99%, without warning, or scheduled maintenance, and is down for more than 2 business day, NuPark will provide City of San Marcos $250 a day, until system has been restored. 2.7.3 Maintenance of Hosting Services. NuPark will use commercially reasonable efforts to maintain the Hosting Services, including installing any updated or enhanced version of the Licensed Software NuPark releases. NuPark reserves the right at any time to modify the hours of access, methods of operation, and procedures related to access to, and use of, the Hosting Services. 2.7.3.1 Notice. NuPark will provide written notice at least 24 hours prior an scheduled maintenance to be performed. 2.7.4 Ownership. Customer acknowledges that the Hosted Services are offered as an on-line hosted solution and that Customer has no right to obtain a copy of the underlying software itself except as otherwise expressly permitted under this Agreement. All copies, improvements, updates, modifications, or enhancements of the Hosted Services shall remain the property of NuPark (including any of the foregoing which incorporate Customer's suggestions, ideas, or feedback). All rights related to the Hosting Services not expressly granted to Customer are reserved. 2.7.4.1 City of San Marcos Data; Owership and Use. The City of San Marcos shall own all right, title, and interest in and to the City of San Marcos Data, including all intellectural properly rights in and to the City of San Marcos Data. NuPark may use the City of San Marcos Data only as expressly required in order to provide the Subscription Services. NuPark may not add, delete, update, or otherwise modify the City of San Marcos Data, unless expressly authorized by the City of San Marcos in writing. NuPark disclaims any and all rights in and to the City of San Marcos Data. NuPark shall keep all City of San Marcos Data confidential and secure behind a firewall and shall maintain reqular backups of the City of San Marcos Data, all of which shall be based on best practices and approved by City of San Marcos Data for corporate gain, statistical use, or provide the City of San Marcos Data to any other organization or person without proper consent. 2.7.4.2. Access by the City of San Marcos. The City of San Marcos shall have ability to access and retrieve the City of San Marcos Data at any time. In addition and at no cost to the City of San Marcos, NuPark shall make available to the City of San Marcos the use of FTP (or file transfer portal) for purposes of retrieving a copy of the City of San Marcos Data within 72 hours of any such request or as requested by the City of San Marcos. Without limiting the foregoing, in the event of an emergency or time sensitive situation, NuPark shall permit the City of San Marcos full access to the City of San Marcos Data in accordance with the following: (a) In the event of an emergency or time sensitive situation, as determined in the City of San Marcos's sole discretion, NuPark shall make available to the City of San Marcos the use of FTP (or file transfer portal) an/or other menas of retrieving the City of San Marcos Data. (b) Destruction. NuPark will provide the ability to dispose of, and /or destroy, City of San Marcos Data upon request of the City of San Marcos in order to meet required retention schedules. (c) NuPark will provide the information in CSVwith headers or XML format for us to retain the data. 2.7.5 Performance. NUPARK WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE HOSTING SERVICES ON AN ERROR -FREE AND CONTINUOUS BASIS. HOWEVER,