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POLARIS <br /> installation and maintenance of current service packs and security patches, and Software updates pursuant <br /> to Article 8 .6 . Failure by the COUNTY to administer server operations may result in written notice from <br /> Polaris to limit, or withhold, its maintenance Services if, following a thirty (30) day cure period, the <br /> COUNTY, in Polaris' reasonable opinion, is unable to provide a satisfactory performance level for server <br /> operations. Written notice shall identify all alleged deficiencies in server operations. Polaris shall resume its <br /> maintenance service when, in Polaris' reasonable opinion, server operations are resumed to a satisfactory <br /> performance level. Polaris' approval will not unreasonably be withheld . <br /> 8 .5. The COUNTY will provide Polaris with reliable and immediate remote access to the POLARIS ILS System. <br /> This access must be sufficient, in Polaris' sole reasonable opinion, to satisfy the implementation and on- <br /> going performance requirements and warranties set forth under this Agreement. At its sole discretion, the <br /> COUNTY may provide Polaris with access to Third-Party hardware components in the event one or more of <br /> those components adversely affect the performance of the POLARIS ILS System. Access should be provided <br /> via the Internet through Port 3389 on the COUNTY's firewall. Failure by the COUNTY to provide minimal <br /> access via the Internet may result in unresolved performance issues and may void Polaris' obligations with <br /> respect to on-going performance requirements and warranties. The COUNTY's failure in this regard should <br /> not be considered just cause for delaying the setting of an Operational Date, as specified in article 1.5 herein. <br /> 8 .6. The COUNTY will accept responsibility for the installation, performance and maintenance of all Third- <br /> Party hardware/ software components on the POLARIS ILS System that are not supplied by Polaris under <br /> this Agreement. <br /> 8. 7. The COUNTY will accept responsibility for the export of all data files it wishes to migrate to POLARIS ILS. <br /> Pursuant to Schedule J herein, these files will be provided to Polaris in MARC format and in ASCII text file <br /> format with fixed field lengths or field delimitation. Data will be provided to Polaris through ftp (file <br /> transfer protocol) or through a mutually agreed upon tape and tape backup format. The COUNTY is <br /> responsible for arrangements that may need to be made with the vendor of the system from which data is <br /> extracted for the data extraction and any documentation that defines the content of the fields in the <br /> exported files . The COUNTY assumes responsibility for any fees that may be incurred from services <br /> provided by the vendor for the data export and transfer to Polaris if such services are necessary. The <br /> COUNTY assumes the responsibility of conducting communication between Polaris and other vendors, as <br /> necessary, to assure that all conditions for proper file export and transfer are met. <br /> 8 .8. The COUNTY will accept responsibility for the data concerning the COUNTY's system profile and system <br /> parameters that it has provided to Polaris based on guidelines for the profile and parameters set by Polaris. <br /> Polaris agrees to provide prompt written notice of any material discrepancy of which it becomes aware <br /> between data provided by the COUNTY and data required for effective functioning of the Software. <br /> 9. Site Preparation <br /> It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs <br /> except as described in Schedule E, Services. The COUNTY shall, at its own expense, prepare the site to <br /> house the Hardware in accordance with the installation specifications presented in Polaris' Proposal or <br /> supplied to the COUNTY immediately following contract signing. Pursuant to those specifications, the <br /> COUNTY shall provide suitable electric service for operation of the Hardware and a reliable connection to <br /> the network via the Internet. The COUNTY is also solely responsible for preparing an environment free of <br /> any and all impediments, including, but not limited to, asbestos, hazardous materials, and/ or hazardous <br /> conditions, that may interfere with Polaris' ability to perform a successful and timely installation of the <br /> System components . Site preparation shall be completed by the COUNTY within forty-five (45) days of <br /> contract signing. <br /> 10. Privacy of Data <br /> Polaris agrees not to use patron details such as names, addresses, etc., for any purpose other than providing <br /> requested service to the COUNTY and agrees not to transmit COUNTY data to any third party, except as <br /> requested by the COUNTY. <br /> 3/20/07 Indian River County Contract Page 6 of 30 <br />