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Network Computing Corporation C¡tJC ARTICLE 8: MAINTENANCE: NCC shall maintain the Client's Licensed Software so it operates in substantial conformance with the current published Users Reference Manual(s) (provided Client has implemented use of the current Release of the Licensed Software provided by NCC to the Client) or any approved written Client specific specifications. NCC shall have no responsibility to perform maintenance upon superseded releases to the Licensed Software as identified by NCC from time to time, except that NCC will continue to provide maintenance on such superseded release for a period of six (6) months from the published date of each superseding release or as extended due to NCC's scheduling constraints. Maintenance of a release older than 6 months may, at NCC's discretion, be performed on mutually agreeable terms. Client shall be entitled to pick from two levels of maintenance services, hereafter called Level I maintenance (Level I) or Level II Maintenance (Level II). The Maintenance level selected by Client will apply to all Licensed Software. Client may select the desired level at the inception of this Agreement and may only change the desired selection on an annual basis with forty-five days notice prior to anniversary date. Client may, however, upgrade from Level I to Level II at any time providing they immediately pay the increased fees, prorated by six month period. (The minimum upgrade charge is 6 months upgrade.) Services will be prorated by a like amount. ARTICLE 9: LIMITATIONS AND PAYMENT TERMS: (A) All out-of-pocket expenses incurred by NCC in providing maintenance services under this Agreement shall be paid by Client within thirty (30) days after receipt of invoice; provided, however, that prior Client approval shall be required for all items of these expenses in excess of two hundred dollars ($200.00) each. Expenses will be actual expenses supported by receipts. These reimbursable expenses include, without limitation, employee travel expenses (including time if during normal business hours), subsistence, telephone, remote access modem time, postage and reproduction costs. (B) In consideration of the services provided hereunder Client agrees to pay the Annual Maintenance Fee as shown in Exhibit A, subject to price increase pursuant to Article 5. Payment for such services is . due and payable thirty (30) days after receipt of invoice. (C) NCC has the right to refuse program maintenance and support services when Maintenance Fees payable pursuant to this agreement by Client remain unpaid after sixty (60) days from date of invoice. NCC agrees to reinstate program maintenance services promptly upon payment of all past due charges. , (D) To the extent that Modifications are not included in new Releases of the Licensed Software, and the Client elects to utilize NCe's services to incorporate such Modifications in the New Release, the Client will reimburse NCC for employee time at NCC's then applicable hourly rates to reproduce the Modifications in the new Release. (E) NCC's maintenance and support responsibilities for third Party Software shall be limited to the normal telephone support to identify and verify the existence of a problem and report the problem to the appropriate vendor as specified by NCC's contract with the vendor. 4