Common use of Termination of Support Services Clause in Contracts

Termination of Support Services. Without affecting COUNTY’s termination rights 23 in connection with an uncured material breach by CONTRACTOR, COUNTY may not terminate 24 Support before the end of twelve (12) months after First Productive Use of the applicable Licensed 25 Software, provided however, after such period, COUNTY may terminate Support for any module of 26 Licensed Software currently in place through this Agreement upon ninety (90) calendar days prior written 27 notice to CONTRACTOR. CONTRACTOR may terminate Support for any module of Licensed 28 Software currently in place through this Agreement upon ninety (90) calendar days prior written notice if 29 COUNTY: 30 1. Fails to install the most current New Release of an item of Licensed Software within twenty- 32 2. Fails to pay invoices and fails to cure such failure within thirty (30) calendar days of written 33 notice from CONTRACTOR, or 34 3. Fails to upgrade to a current Release if any third-party products which are material to the 35 productive use by the Licensed Software are no longer supported by the third-party suppliers (i.e., if a 36 third-party product upgrade is required by a third-party supplier, CONTRACTOR will extend this 37 upgrade requirement to COUNTY). CONTRACTOR will have no obligation to provide assistance with 1 problems caused by Equipment or Sublicensed Software failure where COUNTY is not on Maintenance 2 with CONTRACTOR.

Termination of Support Services. Without affecting COUNTY’s termination rights 23 24 in connection with an uncured material breach by CONTRACTOR, COUNTY may not terminate 24 25 Support before the end of twelve (12) months after First Productive Use of the applicable Licensed 25 26 Software, provided however, after such period, COUNTY may terminate Support for any module of 26 27 Licensed Software currently in place through this Agreement upon ninety (90) calendar days prior written 27 28 notice to CONTRACTOR. CONTRACTOR may terminate Support for any module of Licensed 28 29 Software currently in place through this Agreement upon ninety (90) calendar days prior written notice if 29 30 COUNTY: 30 31 1. Fails to install the most current New Release of an item of Licensed Software within twenty- 32 33 2. Fails to pay invoices and fails to cure such failure within thirty (30) calendar days of written 33 34 notice from CONTRACTOR, or 34 35 3. Fails to upgrade to a current Release if any third-party products which are material to the 35 36 productive use by the Licensed Software are no longer supported by the third-party suppliers (i.e., if a 36 37 third-party product upgrade is required by a third-party supplier, CONTRACTOR will extend this 37 1 upgrade requirement to COUNTY). CONTRACTOR will have no obligation to provide assistance with 1 2 problems caused by Equipment or Sublicensed Software failure where COUNTY is not on Maintenance 2 3 with CONTRACTOR.

Termination of Support Services. Without affecting COUNTY’s termination rights 23 2 in connection with an uncured material breach by CONTRACTOR, COUNTY may not terminate 24 3 Support before the end of twelve (12) months after First Productive Use of the applicable Licensed 25 4 Software, provided however, after such period, COUNTY may terminate Support for any module of 26 5 Licensed Software currently in place through this Agreement upon ninety (90) calendar days prior written 27 6 notice to CONTRACTOR. CONTRACTOR may terminate Support for any module of Licensed 28 7 Software currently in place through this Agreement upon ninety (90) calendar days prior written notice if 29 8 COUNTY: 30 9 1. Fails to install the most current New Release of an item of Licensed Software within twenty- 32 11 2. Fails to pay invoices and fails to cure such failure within thirty (30) calendar days of written 33 12 notice from CONTRACTOR, or 34 13 3. Fails to upgrade to a current Release if any third-party products which are material to the 35 14 productive use by the Licensed Software are no longer supported by the third-party suppliers (i.e., if a 36 15 third-party product upgrade is required by a third-party supplier, CONTRACTOR will extend this 37 16 upgrade requirement to COUNTY). CONTRACTOR will have no obligation to provide assistance with 1 17 problems caused by Equipment or Sublicensed Software failure where COUNTY is not on Maintenance 2 18 with CONTRACTOR.