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<br />C. MSCI will correct any error, however, if such is found to be <br /> <br />caused by modification to the application software by any <br /> <br />party other than MSCI or its agent, MSCI reserves the right <br /> <br />to invoice City for such service on a time and material <br /> <br />basis at current MSCI hourly rates plus per diem. <br /> <br />D. MSCI shall not be responsible for consequential damages <br /> <br />caused by program malfunctions. <br /> <br />E. MSCI shall provide express or implied warranty of updates <br /> <br />-to application software only if installed or modified by <br /> <br />MSCI, or its agent. <br /> <br />ARTICLE 111- PAYMENT FOR SERVICES <br /> <br />Section 1- Payment for Basic Services <br /> <br />The City agrees to pay monthly fees for software updates and <br />maintenance services charges per pricing described in Section 3. The <br />fee shall be reviewed each year prior to the renewal anniversary date <br />and written notice of any needed changes provided to the other party <br />not less than sixty days (60) prior to the effective date for revised <br />charges. All mutually agreed changes in fee charges shall be incorp- <br />orated by approved exhibit of this agreement. MSCI shall invoice the <br />City monthly for agreed monthly fees' and payment shall be made <br />within fifteen days (15) days of receiving said invoice. <br /> <br />Section 2- Payment for Additional Services <br /> <br />Any services provided as additional to the agreed provisions of <br />Article II of this agreement shall be invoiced on a time and material <br />basis at current MSCI fee rate plus per diem. All invoices for <br />additional services shall require approval, from the City, and <br />payment shall be made within fifteen (15) days of said approval. <br />Additional services typically address the needs of the City, for <br />consulting and custom programming. Hourly fees range from $45.00 to <br />$65.00 per hour based on the individual. <br />