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`Normal Working Hours' shall mean Monday through Friday, 7:00 a.m. to 6:00 <br />p.m. PST or PDT (depending on the time of year), excluding Holidays observed by <br />CITY/DISTRICT. <br />2. Services. The services to be performed by CITY/DISTRICT under this Agreement <br />shall include those services set forth in Appendix A, which is, by this reference, <br />incorporated herein and made a part hereof as though it were fully set forth herein. <br />Performance of the work specified in said Appendix A is hereby made an obligation <br />of CITY/DISTRICT under this Agreement, subject to CLIENT's obligations set <br />forth in Appendix A. Any changes to the Agreement shall be made only upon the <br />mutual written agreement of the Parties. <br />3. Term: Termination. <br />(a) The term of this Agreement shall commence upon the date hereinabove written <br />and continue for a period of twelve (12) months. At the end of each twelve (12) <br />month period, the Agreement shall automatically renew for an additional twelve <br />(12) month period, provided neither party terminates the Agreement as specified <br />herein. <br />(b) Neither Party shall be authorized to terminate this Agreement within the first <br />six (6) months after execution. Thereafter, either Party may terminate this <br />Agreement without cause by giving written notice not less than thirty (30) days <br />prior to the effective date of termination, which date shall be included in said notice. <br />In the event of such termination, CLIENT shall compensate CITY/DISTRICT for <br />MAC services, as defined below, rendered to the date of termination. If CLIENT <br />terminates the Agreement, there shall be no refund of the yearly fee paid for <br />Network Administration. Nothing herein contained shall be deemed a limitation <br />upon the right of either party to terminate this Agreement for cause, or otherwise to <br />exercise such rights or pursue such remedies as may accrue hereunder. <br />(c) In the event this Agreement is terminated by either Party, CLIENT shall be <br />entitled to an electronic copy of the web -based data created for BAERS. <br />4. Comnensation: Expenses: Payment. <br />A. The total fee payable for the Services of the initial term of this Agreement <br />will be Twenty Six Thousand and Ninety Six Dollars ($26,096.00). No <br />other compensation for Services will be allowed except for items covered <br />by subsequent amendments to this Agreement. <br />B. The Annual Fee payable for each subsequent year of contract renewal will <br />be calculated using the table set forth in Appendix C. <br />C. Move/Add/Change ("MAC") Costs: For services authorized in writing by <br />CLIENT and provided to CLIENT in excess of the normal System <br />Administration, Maintenance and Support covered by the annual fee, <br />ATTY/AGR/2016.315/CITY OF FOSTER CITY —ESTERO MUNICIPAL IMPROVEMENT DISTRICT <br />REV: 11-08-16 RL <br />Page 2 of 9 <br />