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REV: 02-25-26 LF <br />milestone or other acceptance criteria has been satisfied in accordance with the Contract <br />Documents (as defined below). <br />c. With respect to the Implementation Services, Provider agrees that based on its <br />familiarity with the SaaS Solution, the cost estimate for the Implementation Services will <br />not exceed the budgeted amount that is set forth in the Fee Schedule unless there is a change <br />in the scope of the Implementation Services and such change is reflected in the execution <br />of a written amendment pursuant to Section 7 of this Agreement. <br />5. Maintenance and Support of SaaS Solution. <br />a. Unless otherwise expressly set forth in this Agreement, the regular maintenance <br />and support of the SaaS Solution is included in the fees for the Software and Services which <br />are set forth in the Fee Schedule. Response times in connection with support requests will <br />be as set forth in “Exhibit G”(“Schedule of Support Services”). In the event that three (3) <br />or more errors categorized as Level 1 or higher pursuant to the Schedule of Support <br />Services occurs during any calendar month, City may terminate this Agreement for <br />material breach, provided City notifies Provider in writing of termination within 30 days <br />of the end of such calendar month. <br />b. In the event that the City requires customization of the Software, additional training <br />or extraordinary support, then the City and Provider will agree on the additional cost for <br />such services, or if a standard rate schedule for additional services is set forth in the Fee <br />Schedule, then such standard rates will apply. <br />6. Contract Documents. The following documents shall govern the performance of this <br />Agreement and the terms and conditions for the provision of the Software and Services <br />(collectively, the “Contract Documents”): <br />a. This Agreement; <br />b. Terms of Service Addendum; <br />c. Schedule of Software; <br />d. Schedule of Services; <br />e. Schedule of Support Services; <br />f. Fee Schedule; <br />g. Security Policy; <br />h. City Insurance Requirements; <br />i. Exhibits, addenda or other attachments to the foregoing documents; <br />ATTY/AGR.2026.050/ICHI Plan, Inc. (AI enabled Software Solution) (Page 3 of 31)