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owned entities, either party may terminate this <br />Agreement before any subsequent year if <br />Customer is unable to secure funding through <br />the legislative or governing body's approval <br />process. <br />3.5 Follow-on Term. If the parties enter into <br />another agreement substantially similar to this <br />Agreement for an additional term, the effective <br />date of the follow-on agreement will be the day <br />after the expiration date of this Agreement. <br />4.0—PRODUCT UPDATES <br />4.1 Future Updates. Esri reserves the right to <br />update the list of Products in Table A —List of <br />Products by providing written notice to <br />Customer. Customer may continue to use all <br />Products that have been Deployed, but support <br />and upgrades for deleted items may not be <br />available. As new Products are incorporated into <br />the standard program, they will be offered to <br />Customer via written notice for incorporation into <br />the Products schedule at no additional charge. <br />Customer's use of new or updated Products <br />requires Customer to adhere to applicable <br />additional or revised terms and conditions in the <br />Master Agreement. <br />4.2 Product Life Cycle. During the Term of <br />Agreement, some Products may be retired or <br />may no longer be available to Deploy in the <br />identified quantities. Maintenance will be subject <br />to the individual Product Life Cycle Support <br />Status and Product Life Cycle Support Policy, <br />which can be found at <br />https://support.esri.com/en/other- <br />resources/product-life-cycle. Updates for <br />Products in the mature and retired phases may <br />not be available. Customer may continue to use <br />Products already Deployed, but Customer will <br />not be able to Deploy retired Products. <br />5.0—MAINTENANCE <br />The Fee includes standard maintenance benefits <br />during the Term of Agreement as specified in the <br />most current applicable Esri Maintenance and <br />Support Program document (found at <br />https://www.esri.com/en- <br />us/legal/terms/maintenance). At Esri's sole <br />discretion, Esri may make patches, hot fixes, or <br />updates available for download. No Software other <br />than the defined Products will receive Maintenance. <br />Customer may acquire maintenance for other <br />Software outside this Agreement. <br />a. Tier 1 Support <br />1. Customer will provide Tier 1 Support <br />through the Tier 1 Help Desk to all <br />Customer's authorized users. <br />2. The Tier 1 Help Desk will be fully trained in <br />the Products. <br />3. At a minimum, Tier 1 Support will include <br />those activities that assist the user in <br />resolving how-to and operational questions <br />as well as questions on installation and <br />troubleshooting procedures. <br />4. The Tier 1 Help Desk will be the initial point <br />of contact for all questions and reporting of a <br />Case. The Tier 1 Help Desk will obtain a full <br />description of each reported Case and the <br />system configuration from the user. This <br />may include obtaining any customizations, <br />code samples, or data involved in the Case. <br />If the Tier 1 Help Desk cannot resolve the <br />Case, an authorized Tier 1 Help Desk <br />individual may contact Tier 2 Support. The <br />Tier 1 Help Desk will provide support in such <br />a way as to minimize repeat calls and make <br />solutions to problems available to <br />Customer's organization. <br />6. Tier 1 Help Desk individuals are the only <br />individuals authorized to contact Tier 2 <br />Support. Customer may change the Tier 1 <br />Help Desk individuals by written notice to <br />Esri. <br />b. Tier 2 Support <br />1. Tier 2 Support will log the calls received <br />from Tier 1 Help Desk. <br />2. Tier 2 Support will review all information <br />collected by and received from the Tier 1 <br />Help Desk including preliminary documented <br />troubleshooting provided by the Tier 1 Help <br />Desk when Tier 2 Support is required. <br />Tier 2 Support may request that Tier 1 Help <br />Desk individuals provide verification of <br />information, additional information, or <br />answers to additional questions to <br />Page 4 of 6 January 3, 2023 <br />