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b ) County changes the media ' s data encoding techniques ; <br /> C ) malfunctions in County ' s hardware , including but not limited to , misalignment of <br /> recording device read/write heads ; <br /> d ) malfunctions in County ' s software ; <br /> e ) incorrect data received from County . This might include , but is not limited to , in <br /> excess of 15 % of outgoing addresses do not match the national USPS files , <br /> statement messages that are syntactically incorrect , or in excess of 10 % of <br /> statements are out of balance ; <br /> f) lack of balancing information or failure of County to provide a correct statement <br /> transmittal form ; <br /> g ) an out of balance situation caused by County ; <br /> h ) failure of County to approve visual documentation , faxed statements , or <br /> balancing information ; <br /> i ) County ' s failure to supply two ( 2 ) months of advance postage ; <br /> j ) County' s failure to approve , in writing , the mailing of statements that are over on <br /> ounce in weight ; <br /> k ) failure of USPS to accept mail ; <br /> 1 ) County's requests for custom programming without sufficient advance notificatioll <br /> ( the amount of time varies with the complexity of the request) ; <br /> m ) County ' s requests for changes in Contractor entered "text" without sufficient <br /> advance notification ; <br /> n ) County ' s failure to supply inserts within three ( 3 ) days of the receipt of data ; <br /> o ) County changes its record format ; <br /> P ) procedural changes required by County ; <br /> q ) continued failure of County to pay monthly service charges ; <br /> r) County ' s failure to supply sufficient bill stuffers , newsletters , or envelope inserts <br /> for a mailing ; and <br /> S ) the data submitted by County is split into sufficient subsets to make in excess of <br /> thirty-five percent ( 35 % ) of the total job non-merchantable . <br /> IX. Contractor and County agree that the operating programs of Contractor are th <br /> sole and exclusive property of Contractor and are available to County solely for the <br /> purpose of processing its data in accordance with the terms of this Contract. <br /> Contractor and County agree that any programs developed by Contractor personnel <br /> for the purpose of processing the County ' s data , are the sole and exclusive properties o <br /> Contractor. Contractor and County agree that any programs developed by County are <br /> the sole and exclusive property of County . <br /> indianrivercontract4001 . doc Page 19 of 2 <br /> Document last printed 05/ 18/00 10 :39 AN I <br />