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C(ðß Network Computing Corporation (M) "Response Time" - shall mean the time in which a skilled technical NCC employee shall initially respond to Client in the event that an Error Category is reported in the Licensed Software. (N) "Time to Start Escalation Process" - shall mean the time measured from the receipt of the initial error report after which NCC will assign a Problem Manager (as defmed below) who will create, manage and maintain an action plan to fix the defect or bug in the Licensed Software. (0) "Target Fix Time" - shall mean the elapsed time measured from the initial error report after which the problem is escalated to NCC senior management. (P) "Problem Manager" - shall be the person assigned by NCC who is responsible for creating, supervising the execution of and maintaining an action plan for Licensed Project defect/bug/problem resolution. The problem manager will also be responsible for status reporting to Client. (Q) "Request For Work (RFW)" - is the process and document used to request corrections, modifications, customization, and/or enhancements or services from NCC. ARTICLE 4: TERM OF AGREEMENT: The term of this Agreement shall commence on October 1, 1993, and shall continue in force for a period of one year from such date and from year to year thereafter until one party notifies the other party, in writing, or such party's desire to terminate this agreement not less than forty-five (45) days prior to any anniversary date thereof. Failure to give written notice of termination of less than forty-five (45) days prior to the expiration of the original term hereof or any renewal term shall be deemed renewal for one additional year period. Termination of this Agreement shall not affect the rights, duties and liabilities which accrue prior to final termin~tion. ARTICLE 5: MAINTENANCE FEE: In consideration of the services provided hereunder Client agrees to pay a Maintenance Fee based on the then current license fee for the Licensed Software on the Designated Equipment currently installed at the Client site. The Maintenance Fee shall be invoiced annually and remain unchanged for twelve (12) months after the commencement of this Agreement, unless the parties otherwise agree in writing or unless there is an upgrade of the Designated Equipment during the term of this Agreement in which case the Maintenance Fee will be increased in accordance with NCC prevailing policies then in effect. Said Fee can be increased or decreased at each yearly renewal date or anniversary date hereof by NCC notifying Client of such changes in writing not less than sixty (60) days prior to any anniversary date. At each yearly renewal or anniversary date Nce may increase the maintenance cost by no more than an increase equal to the consumer price index (CPI - for urban wage earners and clerical workers for the U.S. city average (all items» increase per calendar year over the prior year. Said revised Fee shall remain in full force and effect for the next Agreement year ensuing the fee-revision notice. ARTICLE 6: AUTIIORIZATION: Client must designate in writing a single (and backup) point of contact for NCC to address all inquiries, deliver all messages related to scheduling, etc. This source should also be the authorized Client source of all requests and RFW's. Any services described hereunder will be provided only if authorized by that person. NCC shall assume no responsibility for requests from anyone other than the person(s) identified within. All requests for service must be in writing via the NCe RFW process. Client shall keep a copy of each request for their records. ARTICLE 7: TAXES: Payment of any applicable Sales and Use, excise or like taxes, excluding income taxes, applicable to the Maintenance Services delivered hereunder shall be the sole responsibility of Client. 3