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<br />- 18 <br /> <br /> <br />- , - . <br /> <br />AMENDMENT A <br /> <br />Notwithstanding anything to the contrary printed, typed or written in the above referenced <br />proposal further identified as Contract 11091, by signature below of the authorized <br />representatives of the City of San Marcos and Intergraph, the following provisions shall be <br />added to the contract and become effective as of the effective date of the finial agreement. <br /> <br />The City of San Marcos agrees to all terms and conditions herein identified as Amendment <br />A which shall supersede the like numbered provisions of said contract or where applicable <br />shall add to the provisions of the bid. <br /> <br />5.0 SCOPE OF WORK <br /> <br />5.3 Intergraph will provide remedial maintenance when notified by the Customer that the <br />Equipment is not operational. The average response time computed over a one (1) year <br />period will be eight (8) working hours or less within a one hundred (100) mile radius of a <br />service center. Intergraph cannot guarantee response time when the call is deemed to be <br />"per-call" maintenance as defined in section 6 or is outside the service center radius, <br /> <br />5.4 Planned maintenance will be performed at a time mutually acceptable to the Customer <br />and Intergraph. <br /> <br />5.8 In the event the Customer should purchase additional equipment or software from <br />Intergraph during the term of this Contract, Intergraph will notify the Customer by <br />submitting,in writing, a modification reflecting the addition of that equipment and its <br />effective date for service under the Terms and Conditions of this Contract. Unless <br />Intergraph receives written notification of Customer's intent not to add the equipment to <br />the Contract, maintenance service and the appropriate TSC will begin on the effective date <br />as shown on the modification. <br /> <br />5,8.1 Intergraph requires a thirty (30) day written notice to terminate service on <br />equipment that is under contract. , <br /> <br />8.0 CHARGES <br /> <br />Monthly charges, the first of which is due and payable on the first day of the Contract, <br />shall be invoiced in advance. Each subsequent monthly payment will be due on the same <br />day of each month. Services for any period less than a month shall be invoiced at an <br />amount prorated on a daily basis. Payments not received (30) days from date of invoice <br />are subject to interest accrued at one and one-half percent(l 1/2 %) per month or the <br />maximum allowed by law. <br />