Maintenance Fee True-Up Process. Maintenance Fees are calculated using the actual number of users in the preceding fiscal year (except for fiscal year one, where ENTITY estimates the number of users for that year). The “true-up” is a process whereby STATE reconciles any discrepancies between the projected number of users and actual number of users for each fiscal year. The true-up occurs after the close of each applicable fiscal year, such that STATE can ascertain the actual number of users during that fiscal year. If an ENTITY’s actual number of users at the close of a fiscal year is fewer than the preceding fiscal year, which was used by STATE to calculate the Maintenance Fee, STATE shall deduct from the subsequent Maintenance Fee an amount equivalent to the difference in the number of actual users multiplied by the established Maintenance Fee rate. Conversely, if an ENTITY’s actual number of users at the close of a fiscal year is greater than the preceding fiscal year, which was used by STATE to calculate the Maintenance Fee, STATE shall add to the subsequent Maintenance Fee an amount equivalent to the difference in the number of actual users multiplied by the established Maintenance Fee rate.
Maintenance Fee True-Up Process. Maintenance Fees are calculated using the actual number of users in the preceding fiscal year (except for fiscal year one, where ENTITY estimates the number of users for that year). The “true-up” is a process whereby STATE reconciles any discrepancies between the projected number of users and actual number of users for each fiscal year. The true-up occurs after the close of each applicable fiscal year, such that STATE can ascertain the actual number of users during that fiscal year. If an ENTITY’s actual number of users at the close of a fiscal year is fewer than the preceding fiscal year, which was used by STATE to calculate the Maintenance Fee, STATE shall deduct from the subsequent Maintenance Fee an amount equivalent to the difference in the number of actual users multiplied by the established Maintenance Fee rate. Conversely, if an ENTITY’s actual number of users at the close of a fiscal year is greater than the preceding fiscal year, which was used by STATE to calculate the Maintenance Fee, STATE shall add to the subsequent Maintenance Fee an amount equivalent to the difference in the number of actual users multiplied by by the established Maintenance Fee rate. This Confidentiality and Information Security Requirements Exhibit (hereinafter referred to as "this Exhibit") sets forth the information security and privacy requirements the ENTITY is obligated to follow with respect to CURES data pursuant to the MOU. The STATE and ENTITY desire to protect the privacy and provide for the security of CURES data in compliance with state and federal statutes, rules and regulations.
