04-075 Comcate Technology License & Professional Servicesr~`i-a~~
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FIRST SUPPLEMENTAL TECHNOLOGY LICENSE AND
PROFESSIONAL SERVICES AGREEMENT
This First Supplemental Technology License and Professional Services Agreement ("First
Supplemental Technology Agreement") is made as of April 1, 2004 (the "Effective Date") between
Comcate, Inc. ("Comcate" or "Licensor"), a Delaware corporation, and the City of Cupertino
("City") a municipal corporation duly organized udder the Constitution and the laws of the State of
California. ~
RECITALS
A. Comcate and the City have previously entered into a Technology License Agreement, dated
as of April 1, 2003 (the "Technology Agreement") in which Comcate agreed to provide the
City with access to its citizen management technology known as eFeedbackManager (the
"Technology").
B. Comcate and the City desire to renew the Technology Agreement for a second twelve-month
period commencing April 1, 2004 so that the City can continue to be provided access to the
Technology.
NOW THEREFORE, in consideration of thy; terms and conditions of this First Supplemental
Technology Agreement, the parties agree as follow.:
Incorporation of Terms from the Te~~hnolog,~greement. All of the provisions of the
Technology Agreement are incorporated herein by reference and made a part hereof
except Section 5(c). The Technology is currently hosted on dedicated servers of the
Licensor.
2. Renewal Term; Riaht of Cancellation. The parties hereto agree to renew the
Technology License Agreement For a second year. The term of this First
Supplemental Technology Agreement shall commence on the date hereof and
continue for 365 days (March 31, 2005 representing the end of the 365 day period) or
until terminated by mutual agreement of the parties or by the either party as provided
in the Technology Agreement. This; First Supplemental Technology Agreement shall
be automatically renewed for subsequent one-year periods if the City does not
provide written notice of termination to Comcate by the 60`" day prior to the end of
the applicable term. License fees i-or subsequent renewal periods shall be mutually
agreed upon between the City and Comcate.
3. License Fee. The License Fee for the Technology for the First Renewal Period shall
equal $10,300. Payment of the L::cense Fee is due on the 30t" day following the
effective date of this Agreement.
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