4.6
47
5.2
exposure to computer virus related programs,
The following activities are not included in
the scope of Maintenance services: (i)
hardware support, (i!) operating system
support, (ii) custom programming, (iv)
general systems management, (v) moving
Customer data, (vi) moving, relocating or
reinstalling software programs or printers,
(vil) vertfication or correction of errors that
result from data entry or procedural errors,
(vili} unauthorized third party report writers,
and (ix) training.
Services made available to Customer should
be subject to separate written agreements. If
CSC furnishes any services beyond
Maintenance and Enhancements at Customer's
request without a separate written agreement,
such additional services shall be provided at
CSC's then current rates on an "AS IS" BASIS
WITHOUT EXPRESS OR IMPLIED
WARRANTY. Customer agrees to pay all
reasonable travel, living and out-of-pocket
expenses incuted by CSC's personnel
providing such services.
CHARGES
Customer recognizes that the ILC and AMC
do not include the hardware or the third party
System products which may be required ta be
licensed by Customer for Customer to utilize
the various capabilities of the System and that
Customer is responsible for the costs and
licenses to obtain such hardware or third party
software. Additionally, Customer shall be
responsible for securing license or authorized
use agreement for any code files, databases,
and data field indicators.
For the Customer's authorization to use the
System during the term hereof, Customer
promises and agrees to pay to CSC:
§,2.1 An AMC for each System as set forth
in the attached Schedule of Charges.
The first AMC shall be due and payable
upon execution hereof and an AMC
shall be due and payable on the
anniversary date of the effective date of
this Agreement for so long as Customer
contracts for MESA; and
5.2.2 An ILC as set forth in the attached
Schedule of Charges. Said ILC is
nonrefundable and shall be due upon
execution of this Agreement but
City of Nashua MLA 062402 STE final
RISKMASTER — Steve Evers
5.3
5.4
5.5
5.6
3.7
6.1
payable as follows: (a) fifty percent
(50%) upon execution hereof, and (b)
fifty percent (50%) upon the earlier of
(i) installation by CSC of the System or
(ii) three (3) months from the execution
date herecf. In the event of termination,
all paid ILC is non-refundable and any
remaining ILC payments are due.
Payment for any CSC supplied Third Party
Products is due when the software is
delivered, No CSC third party products are
charged for unless otherwise defined on the
Schedule of Charges.
Customer shall pay all amounts set forth in
this Agreement or Schedule of Charges in the
manner specified. All amounts are stated and
payable in United States dollars.
Charges are specified on the Schedule of
Charges. MESA charges will not increase
during the Initial Maintenance Term.
Customer shall pay all tariffs and taxes
assessed or levied by any governmental entity
that are now or may become applicable to this
Agreement or measured by payments made
under it or are required to be collected by CSC
or paid by CSC to tax authorities. Customers
shall also pay any interest or penalties on such
tax; provided, however, Customer shall not be
responsible for any interest or penalties
resulting from CSC’s failure to forward tax
funds received from Customers to the
applicable tax authority. This provision
includes, but is mot limited to, sales, use,
excise, gross receipt and personal property
taxes, but does not include taxes based upon
the net income of CSC.
In the event of cancellation or rescheduling by
Customer of an order for Third Party
Products, Customer is liable for any
cancellation or rescheduling charge which is
assessed by the third party hardware or
software supplier. Rescheduling ofan order is
subject to acceptance by CSC.
WARRANTIES
CSC warrants that CSC has the right to license
the System to Customer and agrees to defend
Customer against all claims arising from the
actual or alleged infringement by such System
of the rights of third parties, provided that
Customer notifies CSC in writing within
