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12.3. GIS disclaims any responsibility for correcting any adverse effects on either the performance or operation of the POLARIS System, or on the individual components of said System, as a result of the LffiRARY's use of (a) Third-Party hardware or software, and/or (b) databases and networks external to the POLARIS System, in conjunction with the POLARIS System except where such Third-Party hardware or software has been prior approved by GIS or has been provided by a GIS business partner. GIS may provide consultation Services or assistance relating to the LIBRARY's use of such Third-Party hardware and software, external databases and networks, and shall reserve the right to charge, at the rate of $200 per hour with a minimum $400 charge. 13. futt..tware Maintenance and System Support 13.1Telephone support and general release updates for the Software will be provided as part of the annual Software Maintenance fee. Service coverage and limitations are set forth under Schedule G herein. 13.2. Software updates will be made available periodically. GIS shall have full discretion as to the timing and content of Software updates during the term of this Agreement. Failure to release Software updates during any specific term does not constitute default on the part of GIS because of the continuation of the right to use telephone support and other support-related Services. Given the complexity of the library automation environment, including such factors as evolving standards, developmental tools, and market demands, GIS reserves the right to modify its development plan for future releases for the best interests of its current customers, its organization (from a support perspective) and future marketability. 13.3. GIS and the LIBRARY will accept mutual responsibility for implementing Software updates. All mandatory Software updates must be installed within one (1) year of their release to insure proper program performance and continued support. In conjunction with Article 8.4 herein, failure by the LIBRARY to install Software updates within the agreed time frame may result in the termination of program service and maintenance, or in the increase of program service and maintenance fees where appropriate. 13.4. Each type of program service and maintenance specified will be available unless discontinued by GIS upon one hundred and eighty (180) days written notice. 13.5. GIS reserves the right to charge at $200 per hour with a minimum $400 charge for any additional effort that results from providing Services for a licensed program altered by the LIBRARY. 14. Patent and Copyright 14.1. GIS will defend the LIBRARY against any claim that licensed Software and/or Software Materials furnished and used within the scope of the license granted herein infringe a U.S. patent or copyright and GIS will pay resulting costs, damages and attorney fees finally awarded, provided that: (a) the LffiRARY promptly notifies GIS in writing of the claim, and (b) GIS has sole control of the defense and all related settlement negotiations. 14.2. If such claim has occurred, or in GIS's opinion is likely to occur, the LIBRARY agrees to permit GIS at its option at no additional expense to the LIBRARY either to procure for the LIBRARY the right to continue using the licensed Software and/ or Software Materials, or to replace or modify the same so that they become non-infringing. If neither of the foregoing alternatives is reasonably available, the LIBRARY agrees on one (1) month's written notice from GIS to return or destroy all copies of the licensed Software and/ or Software Materials received from GIS and all copies thereof, and to receive a refund for any monies paid for said licensed Software and/ or Software Materials, exclusive of any periodic maintenance fees. PO LARIS POIAIœ I