Maintenance

Maintenance


Starting upon delivery of the Software, Vendor shall maintain the Software according to its ____ [Platinum, Gold, Tinfoil, etc.] Maintenance Plan, as further described on Vendor’s Website, and Customer shall pay such fees for the ____ Maintenance Plan as are set forth on Vendor’s Website.

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During the Term, (a) Vendor shall exercise commercially reasonable efforts promptly to correct any failure of the System to perform according to its Specifications and (b) Customer shall pay the maintenance fees set forth in Section ___ (Fees).

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During each Maintenance Term (as defined below), Vendor shall maintain the Software so that it performs in material compliance with the Specifications during no less than _____% of each calendar month (“Maintenance”). In exchange for Maintenance, Customer shall pay Vendor $_____ per Maintenance Term, with each payment due __ days before the start of such Maintenance Term. The Maintenance Term shall renew automatically at the end thereof unless Customer gives written notice of its intent not to renew ____ days before the renewal date. After the _______ [2nd, 3rd, 4th . . .] renewal of the Maintenance Term, Vendor may refuse further renewal by written notice _____ days before the next renewal date. (“Maintenance Term” refers to the _______ period following Go-Live. “Go-Live” refers to the earlier of (a) Acceptance of installation and customization of the Software pursuant to Section ___ (Acceptance) or (b) Customer’s first use of the Software in production.)