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Res 2003-066
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Res 2003-066
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Last modified
11/6/2003 3:53:06 PM
Creation date
9/22/2003 3:22:10 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-66
Date
4/14/2003
Volume Book
151
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(h) "Term" has the meaning ascribed to it in Section 8.1 of this Agreement. <br /> <br /> (i) "Maintenance and Support Guidelines" has the meaning ascribed to it in Schedule C. <br /> (j) "Maintenance and Support Services" has the meaning ascribed to it in Schedule B. <br /> (k) "San Marcos" has the meaning ascribed to it in the recitals hereto. <br /> <br /> (1) "Parties" means Harris and San Marcos together, and a "Party" means either one of Harris <br /> or San Marcos individually. <br /> <br /> (m) "Representatives", in reference to Party, means the Party's directors, officers, employees, <br /> agents, contractors, and advisers. <br /> <br /> (n) "Sofavare" means the machine-readable object code of the Harris Customer Information <br /> and Billing Software system designed for use by utility companies and identified as the <br /> "PUBS and CARe Software, Version 5.2.18". The term "Software" shall at all times be <br /> deemed to include any Modifications, Enhancements and Customized Interfaces included or <br /> made to the Software pursuant to this Agreement. <br /> <br /> (o) "Hardware" means all of the computer hardware and equipment provided by Harris to San <br /> Marcos under this Agreement, including, but not limited to, servers, monitors, scanners, <br /> keyboards, and cabling. <br /> <br /> (p) "System" means the integrated, functional combination of the Soi~:ware and the Hardware <br /> installed by Harris under this Agreement. <br /> <br />1.2 Schedules. The following Schedules are attached hereto and deemed to form an integral part <br />of this Agreement: <br /> <br /> Schedule A - Pricing and Payment Terms <br /> Schedule B - Maintenance and Support Services <br /> Schedule C - Maintenance and Support Guidelines <br /> Schedule D - Third Party Support Services <br /> <br /> Schedule E - Harris formal response to San Marcos RFP (the "Harris Response") <br /> <br /> Schedule F - San Marcos RFP <br /> <br />2. ACQUISITION AND SUPPLY OF SOFTWARE AND HARDWARE <br /> <br />2.1 Software Rights. Subject to the terms of this Agreement and in exchange for payment of the <br />Software License Fees by San Marcos, Harris hereby grants to San Marcos and San Marcos hereby <br />accepts, a non transferable, non-exclusive license to: <br /> <br /> (a) use the Software for the operation of San Marcos's main customer information and billing <br /> system; <br /> <br /> <br />
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