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181 CONTRACT TO THE CITY OF SAN MARCOS - QT- 2901/3 h) Use all reasonable effort in correcting verifiable and reproducible errors when reported to New Dawn. New Dawn will, after verifying that such an error is present, initiate work in a diligent manner until resolution of error. i) Provide the following JustWare XML (JWXML) assistance to Customer; field relabeling, field additions to snap -ins, field removal from snap -ins, hyperlink additions to the navigation panel, removing and adding columns to grid displays, and snap -in reordering. j) Maintain and administer a certification process for JustWare Application Administrators. k) Respond to Customer's requests for additional functionality enhancements to the JustWare System, provided that such enhancements will be mutually agreed to by New Dawn and the Customer. 1) Provide regular updates to the current versions of the JustWare System including new functionality and enhancements, patches and fixes at no cost to the Customer. These versions may contain new functionality and fixes not specifically requested by the Customer. New Dawn will provide supplemental software and hardware requirements, recommendations and documentation per version of the JustWare System to the customer. m) Treat all information, data or files provided by Customer as confidential, maintaining secure access to such material only for New Dawn support personnel for purposes of investigating or solving a support request. Provide regular backups of Customer data. Exercise commercially reasonable care over Customer materials and data stored as part of this hosting contract. New Dawn will provide: a) A complete back -up of Customer's data on a daily basis after 2:oo a.m. CST /CDT ( "Nightly Back -up "). The Nightly Back -up will be stored in a secure, off -site facility. Nightly Back -ups will be stored for thirty-two (32) calendar days on a rotating basis. b) A complete back -up of Customer's data on a monthly basis at the close of each calendar month after 2:oo a.m. CST /CDT ( "Monthly Back -up "). Monthly Back -ups will be stored in a secure off -site facility. Monthly Back -ups will be stored for thirteen (13) months on a rotating basis. c) A complete back -up of Customer's data on an annual basis at the close of each calendar year after 2:oo a.m. CST /CDT ( "Annual Back -up "). Annual Back -ups will be stored in a secure off -site facility. Annual Back -ups will be stored for eight (8) years on a rotating basis. d) All Customer's data back -up processes and storage obligations to the Subscriber will cease upon termination of this Agreement. e) Provide for the access to historical data (on appropriate media) periodically as requested by Customer for which New Dawn will be compensated at the then current Service Fee and Expense Policy as published on New Dawn's Customer site or through DIR pricing, if available, whichever is less. 3. Customer Responsibilities a) All activity occurring under User accounts and will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the hosted service, including those related to data privacy, international communications and the transmission of technical or personal data. Customer will: (i) notify New Dawn immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to New Dawn immediately and use reasonable efforts to immediately stop any copying or distribution of Content material that is known or suspected by Customer or Users; and (iii) other than the city prosecutor and the Marshall, s% k4NewDawn