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10-24-11 Regular Meeting of La Porte City Council
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10-24-11 Regular Meeting of La Porte City Council
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La Porte TX
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Agenda PACKETS
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10/24/2011
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applicable taxation. <br />4.7 Suspension of Performance If any payment due to Hart under this Agreement is past <br />due more than thirty (30) days, Hart may suspend performance under this Agreement until all amounts <br />due are current. <br />5. CLIENT RESPONSIBILITIES <br />5.1 Independent Determination Client acknowledges it has independently determined that <br />the HVS meets its requirements. <br />5.2 Cooperation Client agrees to cooperate with Hart and promptly perform Client's <br />responsibilities under this Agreement. Client will (a) provide adequate working and storage space for use <br />by Hart personnel near Equipment; (b) provide Hart full access to the Equipment and Software and <br />sufficient computer time, subject to Client's security rules; (c) follow Hart's procedures for placing <br />hardware warranty or software support service requests and determining if warranty remedial service is <br />required; (d) follow Hart's instructions for obtaining hardware and software support and warranty <br />services; (e) provide a memoiv dump and additional data in machine - readable form if requested; (f) <br />reproduce suspected errors or malfunctions in Software; (g) provide timely access to key Client <br />personnel and timely respond to Hart's questions; and (h) otherwise cooperate with Hart in its <br />performance under this Agreement. <br />5.3 Site Preparation Client shall prepare and maintain the installation site in accordance <br />with instructions provided by Hart. Client is responsible for environmental requirements, electrical <br />interconnections, and modifications to facilities for proper installation, in accordance with Hart's <br />specifications. Any delays in preparation of the installation site will correspondingly extend Hart's <br />deliveiv and installation deadlines. <br />5.4 Site Maintenance; Proper Storage Client shall maintain the appropriate operating <br />environment, in accordance with Hart's specifications, for the Equipment and Software and all <br />communications equipment, telephone lines, electric lines, cabling, modems, air conditioning, and all <br />other equipment and utilities necessaiv for the Equipment and Software to operate properly. Client shall <br />properly store the Equipment and Software when not in use. <br />5.5 Use. Client is exclusively responsible for supervising, managing, and controlling its use <br />of the HVS, including, but not limited to, establishing operating procedures and audit controls, <br />supervising its employees, making daily backups, inputting data, ensuring the accuracy and security of <br />data input and data output, monitoring the accuracy of information obtained, and managing the use of <br />information and data obtained. Client will ensure that its personnel are, at all times, educated and trained <br />in the proper use and operation of the HVS and that the Equipment and Software are used in accordance <br />with applicable manuals, instructions, and specifications. Client shall comply with all applicable laws, <br />rules, and regulations with respect to its use of the HVS. <br />5.6 Backups Client will maintain backup data necessaiv to replace critical Client data in the <br />event of loss or damage to data from any cause. <br />6. PROTECTION OF CONFIDENTIAL AND PROPRIETARY INFORMATION <br />Page 8 of 21 <br />HVS License Agreement — Rev. 09 -2011 <br />
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