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12-14-2015 Councill Packet
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12-14-2015 Councill Packet
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12/23/2015 10:02:41 AM
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<br /> 4 Cartegraph_MPA 04-2013 <br />a. Execution of a Purchase Agreement shall be considered as Customer’s notification to Cartegraph to <br />proceed with delivery of the Software and Services as indicated in the Purchase Agreement. <br />b. Delivery of Software, Support, and Hosting shall take place reasonably quickly after execution of th e <br />Purchase Agreement. Cartegraph shall provide access to the Server Software to Customer on a Host <br />Computer System. Notification by Cartegraph that Server Software is available for access shall constitute <br />delivery of Server Software, Support and Hosting, regardless of when Customer first accesses the Server <br />Software. <br />c. Cartegraph shall be responsible for installation of th e Server Software on Cartegraph’s Host Computer <br />System. Customer shall be responsible for installation of the Client Software on Customer’s Clients, unless <br />agreed otherwise. <br />d. After execution of the Purchase Agreement, delivery of Services will be scheduled in cooperation with <br />Customer. Customer shall remain responsible for Service charges even if Services are not delivered. <br />e. Any hardware included in the Purchase Agreement shall be ordered after execution of the Purchase <br />Agreement. Delivery of hardware will be scheduled in cooperation with Customer. <br />2. Hosting Services <br />a. Cartegraph will install, and operate Server Software on one or more Host Computer Systems. <br />b. Cartegraph will provide all equipment, software and services necessary for the operation, maintenance and <br />support of one or more Host Computer Systems and the Server Software. Cartegraph may contract with third <br />parties for all or part of such equipment, software and services (“Third Party Hosts”). Cartegraph reserves the <br />right to change the configuration of the Host Computer System and the Server Software and to change or <br />delete such equipment or software at any time, but Cartegraph shall make the Software compatible with such <br />change or deletion without additional charge to Customer. <br />c. Customer shall have access to and be permitted to use the Server Software via Clients. <br />d. Customer shall provide a computing and networking environment that meets the minimum requirements set <br />forth in Cartegraph’s published specifications. <br />e. Customer shall be responsible for all bandwidth between Host Computer System and Clients and in such <br />amounts as to provide reasonable responsiveness of the system. <br />f. Cartegraph shall perform a full back-up of data files on a daily basis. The daily full back -up will be retained <br />for (14) fourteen days and then deleted unless customer contracts for additional days. Cartegraph’s hosting <br />services uses RAID 10 which both mirrors the data and stripes across multiple drives creating redundancy. <br />Cartegraph hosting services have dual redundancy with offsite back-up storage and a back-up data centers <br />g. The Host Computer System shall be used by Customer only for purposes relating to Customer's own use of <br />the Software. Customer shall have no right to assign any of its rights under this section. <br />h. Customer agrees that it shall be bound by the terms and conditions of any agreement between Cartegraph <br />and any Third Party Hosts that relate to the use and operation of Host Computer Systems. Cartegraph will <br />apprise Customer of the terms and conditions of such agreements from time to time. <br />i. Cartegraph will take reasonable precautions to guard against unauthorized access to Data Files. However, <br />Cartegraph assumes no responsibility that the Software will be used properly. <br />j. Customer shall have the right to receive Data Files within sixty (60) days of termination of any Hosting on the <br />condition that customer has paid all outstanding invoices owed to Cartegraph. <br />3. Availability of Host Computer System. <br />a. If Cartegraph contracts with a Third Party Host to provide Hosting, the service level provided by the Third <br />Party Host shall be the service level provided by Cartegraph to Customer, except as required for Cartegraph <br />to provide Support under this Agreement. <br />b. In general, Server Software will be available for use and access by Customer 24 hours a day, 7 days a week, <br />except for scheduled maintenance to take place at commercially reasonable times. Furthermore, if access to <br />the Server Software becomes a problem, then Cartegraph shall provide Support in view of the severi ty of the <br />problem. <br />c. Server Software will be available for use and access by Customer during back -up activities performed by <br />Cartegraph.
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