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The Vendor assumes no responsibility for the operation or performance of any City <br />written or third-party application. <br />D. Services Not Included. Maintenance Services do not include any of the following: <br />(1) custom programming services; <br />(2) on-site support, including installation of hardware or software; <br />(3) support of any software not considered Covered Software; <br />(4) training; or <br />(5) upon expiration of the warranty period out-of-pocket and reasonable expenses, <br />including hardware and related supplies. <br />111. ON-SITE SUPPORT <br />As requested by City, and upon reasonable notice and approval by Vendor, the Vendor <br />will maintain personnel at any of the covered Sites. On-site personnel will perform ongoing <br />system administration, monitoring, reconfiguration and tuning, problem diagnosis, and <br />resolution, and interfacing with City personnel on production system issues, to the extent <br />possible during normal business hours. These personnel will also be responsible for the <br />installation of new Vendor software releases on the production system and the distribution of <br />documentation updates. In addition, on-site personnel will provide training to City personnel on <br />the operation and administration of the Covered Software as time permits. <br />IV. TIME AND MATERIALS SERVICES <br />A. For Non-Vendor related Problems. In the event that the City notifies the Vendor of a <br />problem experienced by the City in connection with the operation of the Covered Software, the <br />Vendor will respond as provided in Section III.B., above. If the cause of such problem is not an <br />error, defect or nonconformity in the Covered Software, the City will compensate the Vendor for <br />all work performed by the Vendor in connection therewith, on a time and materials basis at the <br />Vendor's then current standard rates, <br />B. For Non-Vendor Software. Upon request and reasonable notice from the City, the <br />Vendor will provide assistance in the installation of non-Vendor software on a time and materials <br />basis. Non-Vendor software consists of any software not specifically listed in the Master <br />Agreement or any of the attachments including the following: <br />(1) New releases and updates to hardware vendor operating systems and other <br />system software not listed in Attachment D <br />(2) City-developed software; and <br />(3) Third-party software (except third party software embedded in the <br />Covered Software). <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />36