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<br /> ~~þ <br /> C. This Agreement, including the following Riders attached hereto: <br /> Rider A. -, . Schedule of Activities <br /> Rider B. Equipment List, Prices <br /> Rider C. Software List, Prices <br /> Rider D. DYNIX Services and Supplies, Prices <br /> Rider E. Price Summary <br /> Rider F. Payment Schedule and Contract Milestones <br /> Rider G. Performance Standards <br /> Rider H. Testing Procedures <br /> Rider L Additional Functional Capabilities <br /> Rider J. Maintenance Agreement <br /> Rider K. Taxes <br /> Rider L. Source Code Escrow Agreement <br /> Rider M. Operating System LicenSè <br /> Each of these documents is incorporated herein by this reference as if set forth in full, and shall constitute <br /> a part of this Agreement. In the event of any conflict in the obligation pursuant to the above documents, <br /> control shall be determined in the following order: <br /> 1. This Agreement <br /> 2. The Proposal <br /> 3. The RFP <br /> The: failurt: of this Agr<::e:mt:nt to includ<:: rt:f<::r<::nct: to any mattt:r contained in any other contract document <br /> shall not Ix d<::<:mèd to constitute a contlict. <br /> In the event either party hereto is required to employ an attorney to enforce the provisions of this Agreement <br /> or is required to commence legal proceedings to enforce the provisions hereof, the prevailing party shall be <br /> entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such <br /> enforcement. <br /> 3. DEFL'iITION OF TERMS <br /> A. Eljuipment: The items listed on Rider B hereto. <br /> B. System: The total complement of equipment and software furnished and maintained by DYNIX which <br /> are acquired to operate as an integrated group. <br /> , <br /> C. LicenSèd Software (or ~Software.): Each software product listed in Rider C, including <br /> machine-readable object code (not source code) for such product, any user documentation for such <br /> product, and any other related materials which are furnished to THE CITY by DYNIX for use in <br /> connection with such product. <br /> D. Use: To cause the computer system as designated in Rider B to execute any machine-readable portion <br /> of the Software or to make use of any documentation or related materials in connection with the <br /> <::x<::cution of any machint:-n::adahlt: portion of the Software. <br /> E. Lihrary Hours: Monday through Friday. 7:00 a.m. to 9:00 p.m. CST. and Saturday and Sunday, 9:00 <br /> a.m. to 6:00 p.m. CST. <br /> THE CITY OF SAN MARCOS - PAGE 2 <br /> January 17. 1994 <br />