Common use of Maintenance and Updates of Software Clause in Contracts

Maintenance and Updates of Software. Licensee shall pay to Licensor an ----------------------------------- annual maintenance fee, in consideration for which Licensor will extend the Software warranty set forth in Section 9.3 below for an additional year and provide annual updates and maintenance of the Software. The initial annual maintenance fee shall be __________ ($), which shall be subject to change every three (3) years by ______ percent unless otherwise agreed to by the parties. In the event the Software is rendered obsolete or superseded by other means of operating a reservation system, Licensor shall replace such software with the same substitute or technological equivalent as it uses in the United States, if available in the Territory, to allow continued functioning of reservation services to be provided to consumers and Units in the Territory. Such updates and maintenance shall include the following: 5.1.1 Licensor will provide remedial maintenance so that the Software will, in all material respects, perform the functions and operations specified in the Documentation. Remedial maintenance includes all reasonable software services to correct documented non-performance that Licensor's diagnostics indicate are caused by a defect in an unaltered version of the Software. 5.1.2 Licensor shall provide Licensee with any updates and enhancements to the Software that are generally available to other users of the Software. 5.1.3 Upon the request of Licensee, Licensor, at its sole discretion, may undertake reasonable efforts to correct a Software malfunction caused by Licensee's negligence. If Licensor provides assistance for the correction of such a malfunction, Licensee shall pay Licensor for such assistance at Licensor's then-published rates for such work.

Maintenance and Updates of Software. Licensee shall pay to Licensor an ----------------------------------- annual maintenance fee, in consideration for which Licensor will extend the Software warranty set forth in Section 9.3 below for an additional year and provide annual updates and maintenance of the Software. The initial annual maintenance fee shall be ______________ ($), which shall be subject to _________________ change every three (3) years by _________ percent unless otherwise agreed to by the parties. In the event the Software is rendered obsolete or superseded by other means of operating a reservation system, Licensor shall replace such software with the same substitute or technological equivalent as it uses in the United States, if available in the Territory, to allow continued functioning of reservation services to be provided to consumers and Units in the Territory. Such updates and maintenance shall include the following: 5.1.1 Licensor will provide remedial maintenance so that the Software will, in all material respects, perform the functions and operations specified in the Documentation. Remedial maintenance includes all reasonable software services to correct documented non-performance that Licensor's diagnostics indicate are caused by a defect in an unaltered version of the Software. 5.1.2 Licensor shall provide Licensee with any updates and enhancements to the Software that are generally available to other users of the Software. 5.1.3 Upon the request of Licensee, Licensor, at its sole discretion, may undertake reasonable efforts to correct a Software malfunction caused by Licensee's negligence. If Licensor provides assistance for the correction of such a malfunction, Licensee shall pay Licensor for such assistance at Licensor's then-published rates for such work.

Maintenance and Updates of Software. Licensee shall pay to Licensor an ----------------------------------- annual maintenance fee, in consideration for which Licensor will extend the Software warranty set forth in Section 9.3 below for an additional year and provide annual updates and maintenance of the Software. The initial annual maintenance fee shall be __________ One Thousand Dollars ($1,000.00), which shall be subject to change every three (3) years by ______ percent unless otherwise agreed to by the partiespercentage change in CPI during the period since the last price change. In the event the Software is rendered obsolete or superseded by other means of operating a reservation system, Licensor shall replace such software with the same substitute or technological equivalent as it uses in the United States, if available in the Territory, to allow continued functioning of reservation services to be provided to consumers and Units in the Territory. Such updates and maintenance shall include the following: 5.1.1 Licensor will use its reasonable best efforts to provide remedial maintenance so that the Software will, in all material respects, perform the functions and operations specified in the Documentation. Remedial maintenance includes all reasonable software services to correct documented non-performance that Licensor's diagnostics indicate are caused required by a defect in an unaltered version of the Software. 5.1.2 Licensor shall provide Licensee with any updates and enhancements to the Software that are generally available to other users of the Software. 5.1.3 Upon the request of Licensee, Licensor, at its sole discretion, may undertake reasonable efforts to correct a Territory System Software malfunction caused by Licensee's negligence. If Licensor provides assistance for the correction of such a malfunction, Licensee shall pay Licensor for such assistance at Licensor's then-then- published rates for such work.

Maintenance and Updates of Software. Licensee shall pay to Licensor an ----------------------------------- annual maintenance fee, in consideration for which Licensor will extend the Software warranty set forth in Section 9.3 below for an additional year and provide annual updates and maintenance of the Software. The initial annual maintenance fee shall be __________ Two Thousand Dollars ($2,000.00), payable January 1, 2001 which shall be subject to change every three (3) years by ______ percent unless otherwise agreed to thereafter by the partiespercentage change in CPI during the period since the last price change. In the event the Software is rendered obsolete or superseded by other means of operating a reservation system, Licensor shall replace such software with the same substitute or technological equivalent as it uses in the United States, if available in the Territory, to allow continued functioning of reservation services to be provided to consumers and Units in the Territory. Such updates and maintenance shall include the following: 5.1.1 Licensor will use its reasonable best efforts to provide remedial l maintenance so that the Software will, in all material respects, perform the functions and operations specified in the Documentation. Remedial maintenance includes all reasonable software services to correct documented non-performance that Licensor's diagnostics indicate are caused by a defect in an unaltered version of the Software. 5.1.2 Licensor shall provide Licensee with any updates and enhancements to the Software that are generally available to other users of the Software. 5.1.3 Upon the request of Licensee, Licensor, at its sole discretion, may undertake reasonable efforts to correct a Software malfunction caused by Licensee's negligence. If Licensor provides assistance for the correction of such a malfunction, Licensee shall pay Licensor for such assistance at Licensor's then-published rates for such work.