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shall be entitled to terminate this Agreement prior to the start of the applicable Update & <br /> Support Period and shall not be liable for any further payment under this Agreement <br /> Azteca will notify User of the new pricing no later than 90 days prior to the annual renewal <br /> date of the year preceding the year for which such adjusted pricing applies <br /> 3 3 In addition to charges due under this Agreement, User shall pay amounts equal to any <br /> sales tax, duties, or other consumption taxes, however designated, which are levied or <br /> based upon such charges, or upon this Update& Support Agreement <br /> 3 4 In the event User and Azteca Systems agree it becomes necessary for Azteca Systems <br /> to be on-site to provide support for the Covered Software, the User will reimburse Azteca <br /> Systems for reasonable and customary travel expenses directly related to the on-site work <br /> Azteca Systems shall provide an estimate and get the prior approval of User before <br /> incurring any costs for which it shall seek reimbursement from User under this Section <br /> Any reimbursement shall be subject to Azteca providing verifiable documentation of such <br /> expenses to User User reserves the right to require an audit of any such cost related <br /> records of Azteca to the extent reimbursement has been made by User under the terms of <br /> this Section <br /> 4. LIMITED WARRANTY <br /> 4 1 Azteca Systems will provide support services for the Cityworks Software, <br /> Enhancements to Cityworks Software and Custom Applications created by Azteca Systems <br /> identified as Covered Software in paragraph 9 3 The support services are provided as part <br /> of the Azteca Systems Update and Support services and will be in-force for the duration of <br /> this Agreement Update & Support Periods beyond the initial Update& Support Period are <br /> renewable unless terminated as provided in Section b below The Update and Support <br /> Services consists of software and documentation updates and access to technical support <br /> via telephone, email, web-based (MyCityworks com) and after hours support via pager as <br /> set forth in Section 2 above The User will provide Azteca Systems in writing the names of <br /> the User individuals who are authorized to contact Azteca Systems and request support <br /> services <br /> 4 2 Azteca Systems warrants that trained personnel employed or contracted by Azteca <br /> Systems will perform the services performed hereunder in conformance with best industry <br /> standards <br /> 4 3 With respect to the services provided hereunder and to the extent permitted by <br /> applicable law, this warranty is in lieu of all other warranties, whether written or oral, <br /> express or implied, including without limiting the generality of the foregoing, any warranty <br /> of non-infringement,merchantability or fitness for a particular purpose <br /> 5. LIMITATION OF LIABILITY <br /> 5 1 The liability for Azteca Systems for damages arising under this Agreement shall be <br /> limited to the fees actually paid by Usei to Azteca Systems for the current Update and <br /> Support Period pursuant to Section 3 hereof In no event shall Azteca Systems be liable for <br /> C•\UserslblisstamlAppData\Local\MtcrosofllWmdows\Temporary Intemet Files\Content Outlook\]32XI1691CITYWORKS Update Support.doe <br /> 4 <br /> Update&support Agreement <br />