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SOFTWARE LICENSE , IMPLEMENTATION AND SUPPORT AND MAINTENANCE AGREEMENT THIS AGREEMENT made as of the 15 day of December 32009 BETWEEN : N . HARRIS COMPUTER CORPORATION (" Consultant") - and - INDIAN RIVER COUNTY , FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ( " ORGANIZATION " or " COUNTY " ) BACKGROUND RECITALS L Indian River County issued RFP # 2008 - - 059 on May 14 , 2008 to solicit a software system for the billing requirements of the County' s Utility Services Department ; 2 . The consultant submitted a proposal , as amended, to the County in connection with RFP # 2008 - - 059 ; 3 . Thereafter, the County convened a selection committee ; conducted site visits to the shortlisted software system providers and, on May 19 , 2009 , recommended to the Indian River County Board of County Commissioners to select Consultant under RFP # 2008 - - 059 ; 4 . Consultant' s proposal ( " Proposal " ) is attached hereto as Schedule F and incorporated in this Agreement in its entirety by this reference ; 5 . The County and the Consultant have mutually agreed to the scope of services/statement of work attached hereto as Schedule E . and incorporated in this Agreement in its entirety by this reference ; 6 . The Consultant owns the Software (as defined below) , 7 . The Organization wishes to (a) acquire a license to utilize the Software, (b) retain the Consultant to perform the Services ( as defined herein) , and (c) enter into a support and maintenance contract ( Schedule "D") ; and 8 . The Consultant wishes to (a) grant the Organization a license to utilize the Software , and (b ) provide the Services to the Organization, all upon the terms and conditions set out in this Agreement . NOW THEREFORE , in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is 3