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41 CONTRACT TO THE CITY OF SAN MARCOS - QT- 2901/3 4. Excess Data Storage Fees The maximum disk storage space provided to Customer at no additional charge is 3.25o GB for Virtual Filing Cabinet storage (i.e. case and name documents and attachments) and 65oMB for SQL Server database storage. Each additional licenses purchased by the Customer will include 25oMB for Virtual Filing Cabinet storage and SoMB for SQL Server database storage. If the amount of disk storage required exceeds these limits, New Dawn will charge the Customer $1.00 per GB per month storage fee. This rate is guaranteed for 5 years from Go- LiveNew Dawn will use all reasonable efforts to notify Customer when the average storage used reaches approximately go% of the maximum capacity; however, any failure by New Dawn to so notify Customer will not affect the Customer's responsibility for such additional storage fees. 5. Non - Payment and Suspension In addition to any other rights granted to New Dawn herein, New Dawn reserves the right to suspend or terminate this Agreement and Customer access to the JustWare System if the Customer's account becomes delinquent (falls into arrears) to New Dawn. New Dawn will make available to Customer a csv file of all the Customer Data within 3o days if the account is delinquent for go days. 6. Termination upon Expiration /Reduction in Number of JustWare Subscriptions Upon the expiration of the Initial Term as defined in this agreement (Initial Term is 3 years from date of Go- Live), this Agreement will automatically renew for successive renewal terms of one (1) year each up to two successive terms at New Dawn's' then current fees as published on New Dawn's Customer site or through DIR pricing, if available, whichever is less. The Customer may terminate this Agreement or reduce the number of users by notifying New Dawn in writing at least thirty (30) calendar days prior to the termination date or date the reduction in the number of subscriptions becomes effective. If the Customer's account is terminated, New Dawn will make available to Customer a csv file of the Customer Data within 3o days of the termination date. 7. Termination for Cause Any breach of payment obligations or unauthorized use of the New Dawn technology or JustWare System will be deemed a material breach of this Agreement. New Dawn, in its sole discretion, may terminate the Customer password, account or use of the JustWare System if Customer breaches or otherwise fails to comply with this Agreement. If the Customer's account is terminated, New Dawn will make available to Customer a csv file of the Customer Data within 3o days of the termination date. 8. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. New Dawn represents and warrants that it will provide its Services in a manner consistent with general industry standards reasonably applicable to the provision of these types of services and that the hosting service will perform in accordance with the online New Dawn help documentation under normal use and circumstances. 9. Mutual Indemnification w ve4 New Dawn