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1.4 <br /> <br />Warranty. Provider warrants that the entire application hosting service, including all <br />the features and functionalities described in Attachment A, will be available to Agency <br />on a twenty-four (24) hour, seven (7) days per week basis, excluding downtime for the <br />purposes of system back-ups or other miscellaneous system administration. If <br />unforeseen system malfunctions occur due to Provider's equipment or software, Provider <br />will utilize its best efforts to take all necessary actions to limit the downtime of the <br />application hosting services. THE WARRANTY PROVIDED HEREIN IS THE ONLY <br />WARRANTY PROVIDED WITH RESPECT TO THE SUBJECT MATTER OF THIS <br />AGREEMENT. SUCH WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, <br />IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> <br />1.5 Security. Provider will provide physical security for the equipment provided to Agency <br /> for the purposes of this Agreement and will provide network security, as set forth in <br /> Attachment D, incorporated hereto. <br /> <br />1.6 Customization of Software. This Agreement does not provide for customization of <br /> software and software functions. <br /> <br />1.7 Internet Speed Capabilities. Agency agrees to provide Internet speed capabilities of <br /> 56K or higher. <br /> <br />1.8 Transaction-Based Pricing. Agency shall pay to Provider the amounts set forth in <br /> Attachment E, incorporated hereto, for fees derived, generated, processed, or tracked <br /> using the Accela System. Agency shall be invoiced on a monthly basis and payments to <br /> Provider by Agency shall be made within fifteen (15) days thereafter. Payments shall be <br /> made by check and sent to: <br /> <br />Accela, Inc. <br />Accounting <br />1731 West Walnut Ave. <br />Visalia, CA 93277 <br /> <br />The address identified herein may be changed from time to time with at least ten (10) <br />days written notice to Agency. <br /> <br />*Additional or special features may be offered to Agency and will result in additional <br />costs or an increased transaction fee. <br /> <br />1.9 <br /> <br />Access to Agency Databases. Agency grants to Provider access to its permitting <br />databases for the purposes of implementing this Agreement. Provider utilizes access to <br />Agency's databases to process activities within Agency's system and inserts new data <br />into Agency's databases that is related to the Agency's permit applications. No <br />information from Agency's databases used for purposes of this Agreement will be <br /> <br />Form.AA.3/27/01 2 <br /> <br /> <br />