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equivant <br />Caul ~\/I!~\'I JU~\lCe Solutl-Jll;"; Ire d/bf J equ:vant <br />c. New Versions ("New Versions") of the equivant Software may be issued by <br />equivant from time to time (excluding 3rd party software). A New Version <br />substantially changes the architecture and/or coding structure of the application, <br />and the New Version is not written as an add-on to the current software code base. <br />equivant will, from time to time, release new products (including New Versions) <br />and/or modules, which equivant will make available to Customer at the then- <br />current price(s). <br />d. All Revisions and New Versions will be transmitted to the Customer electronically <br />unless otherwise mutually agreed. The Customer shall be solely responsible for <br />executing the appropriate instructions in order to transfer the Revisions or New <br />Versions onto to its system unless otherwise mutually agreed in writing. <br />e. If Customer reports a Defect to equivant that can be resolved through upgrading to <br />a New Revision, Customer must upgrade to say New Revision and equivant is not <br />obligated to correct the Defect through remediation of the older version unless <br />otherwise mutually agreed in writing. <br />f. equivant Software is designed as standard products and not as customized <br />systems. equivant recognizes the need for some Customer customization; <br />however, equivant reserves the right to control the design, performance, and <br />integration of equivant products and, as a result, may reject Customer requests <br />for modifications or enhancements that are inconsistent with equivant's product <br />strategy. <br />g. equivant will use commercially reasonable efforts to modify the equivant Software <br />in order to maintain its existing functionality and provide functionality required as a <br />result in changes to the law, regulations, or rules of the Customer's State <br />jurisdiction. A change to the law, regulations, or rules of the Customer's State <br />jurisdiction that requires new functionality is an enhancement. equivant, at its sole <br />discretion, may elect to add such enhancements to the product as a revision. If <br />Customer requires such enhancement prior to equivant decision, if any, to add to <br />the product, the Customer will be required to pay for such additional services at <br />equivant's then current time and materials rate. In either case, the Customer shall <br />timely notify equivant in writing of all requested legislative updates. The notice <br />shall contain a summary of the modifications, identifying the applications and <br />functions to be modified as well as detailed specification of the required changes. <br />The Customer shall also provide a complete text, including effective date, of the <br />legislation and/or order mandating the modifications. equivant shall then prepare <br />a detailed functional specification for approval by Customer and the timeline <br />required for implementation. Nothing in this provision requires equivant to <br />undertake extraordinary efforts to complete the legislative updates or provide new <br />functionality except as additional services as described in section 7 below. <br />Customer agrees to cooperate with other customers in the jurisdiction to agree <br />upon appropriate specifications. <br />4. TECHNICAL LITERATURE <br />equivant shall make available to the Customer technical literature that equivant considers <br />relevant to the equivant Software and its use within the scope of Customer's operations. <br />5. REMOTE DIAGNOSTIC ACCESS <br />Rev. 06022016 10 of 13