Agmt 2005 RMA Engineering & Management

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Hosted Service (unless such use is due to Provider's gross negligence and/or willful misconduct), or (ii) unauthorized use of the Hosted Service by Customer as described in Section 2 and 5 and/or non- adherence to Customer's obligations as described in Section 5 and 11. 13. Obligations of Provider Provider will host Customer's ICOMMM project on a server with a minimum configuration of Pentium 4 CPU 2.40GHz 2GB, which is co-located at either our Danville facility, or at a third party co location provider. Details of hosted facilities maybe provided at http://www.ICOMMM.com. Provider may choose to relocate the Hosted Server at some later date to a different facility. Provider will regularly install upgrades of ICOMMM to the Hosted Servers as soon as they become generally available, so that Customer receives the benefit of all enhancements and improvements to the product. Provider will notify Customer by email of any upgrades that affect the program functionality. Provider guarantees 95%uptime of the Hosted Server, except during maintenance and upgrades, which will be performed, when necessary, between 9pm and 4am on weekends. In any month that uptime outside these maintenance periods is less than 95%, Customer may request a credit of 25%. If uptime is less than 75%, Customer may request a full refund for that month's fee. To receive these credits, Customer must send a request by e-mail within 5 business days of the end of the month to support a~ICOMMM.com or send written notice to Provider in the manner set out in section 15(b). Repetitive failure to achieve the above server uptime shall be deemed a material breach for which Customer may terminate this Agreement with no penalty or liability. Provider will perform regular nightly backups of Customer data and will store these backups at two different locations. Customers are given full administrative access to their project and, after the initial setup by Provider, are responsible for customizing and maintaining their own project unless a separate management and maintenance agreement is in force. 14. Customer Support Provider shall provide product support to Customer consistent with its standard support policy. Provider will respond to Customer's telephone inquiries regarding the Hosted Service during normal business hours, 7:45am to 5:3(?pm PST. (Note: hours may vary in countries outside the US, where Provider or its authorized designee may provide local telephone support). Customer may request access to an emergency response pager number solely for reporting server or project outages 24 hours a day, 7 days a week. Any calls made to the pager after business hours when an actual server or project outage did not occur will be billed to the Customer at a rate of $200 per incident in the next billing period. Should Customer require a higher level of service, the Premium Service Contract may be purchased at additional cost, the fees and provisions of which shall be described in Attachment A. 15. General (a) Customer may assign the Agreement only with the written consent of Provider. (b) Notices shall be deemed given on the date delivered, if delivered by hand, and 3 days after the date of mailing, if mailed. Notices shall be given to ICOMMM, Inc., 140 Town & Country Dr. Suite B, Danville, CA 94526 Attention: Hosted Service Group, and to Customer at the address stated below. Sanitary Sewer Asset Management System 02/08/2005 Account No. 593-52~692/Z„ Page 31 of 32