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(A) the performance of any tests it deems necessary prior to the use of <br /> the Software . <br /> (B ) assuring proper Designated Computer System installation, <br /> configuration, verification , audit controls and operating methods . <br /> (C ) implementing proper procedures to assure security and accuracy of <br /> input and output and restart and recovery in the event of <br /> malfunction . <br /> (D) timely upgrade and keeping current all third party license releases <br /> and/or Software products to meet the requirements of the <br /> Consultant Software . <br /> 3A Support and Maintenance Agreement <br /> Concurrently with the execution and delivery of this Agreement, the Consultant <br /> and the Organization have entered into a support and maintenance agreement (the " Support and <br /> Maintenance Agreement") in the form of and on the terms set out in the attached Schedule "D " <br /> which shall apply in respect of the ongoing services and support to be provided by the Consultant <br /> to the Organization following the Completion of Services . Notwithstanding the ongoing <br /> application of the Support and Maintenance Agreement, the terms and conditions of this <br /> Agreement, insofar as they relate to the Software and the Documentation and the rights and <br /> obligations of the parties with respect thereto , shall continue to apply and the Support and <br /> Maintenance Agreement is not intended to , nor will it , apply to the exclusion of this Agreement . <br /> Consultant shall have no obligation under this Agreement to render any maintenance services or <br /> related services with respect to non-Consultant software, except as contracted for in writing with <br /> the Organization . <br /> 3 . 5 Stages of Services <br /> For descriptive purposes , this provision is intended to set out the two stages pertaining to the <br /> Services and the ongoing support and maintenance of the Software . They are as follows : <br /> (a) Start to Completion of Services — during this stage, all Services will be performed <br /> and the Software will be tested to the reasonable satisfaction of the Organization, <br /> until the Organization is prepared to commit to the Software as its predominant <br /> business system . <br /> (b) Support Phase — following the Completion of Services , for so long as a Support <br /> and Maintenance Agreement is in effect, the Consultant shall be required to <br /> correct any programming defects , errors and malfunctions , and provide the <br /> Organization with any updates of, or modifications to , the Software . <br /> For greater certainty, during each of the above phases (subject only to the <br /> requirement that an effective Support and Maintenance Agreement is in place during the Support <br /> Phase) , the Consultant will be required to correct any programming defects , errors and <br /> malfunctions which may occur in respect of the Software . <br /> 13 <br />