Tyler Technologies, Inc. The Software Group Division
t y l e r wo res. ~_------___
6500 International Parkway, Suite 2000 Plano, TX 75093 Tel: 972713 3770 Fax: 972713 3777 www.tyler-[sg.com
November 18, 2005
Judge Pat Tinley
Kerr County Judge
700 Main Street
County Courthouse, Room 118
Kerrville, TX 78028
Dear Judge Tinley:
I have enclosed a copy of the contract for the new Odyssey Judicial, Orion
Collections, and InVision Financials software and hardware that Kerr County
recently purchased from The Software Group. My staff will be in touch with the
appropriate office(s) soon to schedule the installation and training.
Thank you for the confidence you have placed in The Software Group. We
appreciate the business you have given us and look forward in continuing our
service with you in the future.
Smith
Enclosure
r
.'~,,;
Software License,. ~re~ment
._ {.L ~: r
This agreement is made and entered into this day of , 20_, by and between I"Client"I and Tyler
Technologies, Inc. ~ The Software Group Division ("Tyler"~, a Texas Corporation with its principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas. .
Dell Rack Servers
Equipment Configuration:
Software Product/Item Description license Fee/Amount
non o cons - ter a o1leMrons System 40,000
Indudes: Tax Payment Processing (Full, Partial, Split, quartery, Installment, Tax Certificates, Forms Merge, Events,
Fee Payment Processing, Till /Deposit & Disbursement Reporting, Export to Financials (quickbooks format),
Ownership Information, Property Information, Assessment Information, quick Post, Mortgage Company Processing,
Tax Statements, Delinquent Tax Statements, Deliquem Export, Image Capture and Image Viewing.
Orion Collecfions Interface for Public WEB Users included
Requires WF,B Server, System Software and Firewall protection.
. ~ .See addendum B for billing details
TSG Client County Discount (15,000)
~~"' Subtotal Char e $ 25,000
~... 9
This agreement shall become a binding contract between the parties when
accepted by the signature of an officer of Tyler at its home office.
Client is advised to read the Terms and Conditions appearing on the reverse
side of this agreement before signing below.
Client
Aufhorize'rl Signature
Installation ~ $
Purchase Price ~ $ 25,000
Deposit ~25q) $ 8,250
Tyler Technofo ies~~, Iric. ~ The Software Group Division
~_.,/ __
~/ ~j'L
Authorized Signature ~ V
-Glees ~mith
Print Name Print Name
Title/Position Tifle/Position
President
Tyler Technologies, Inc. The Sofhvare Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
,F
,9,
Purchase Agreement
h
w.
t` „',~..

This agreement is made and entered into this ~(~ day of c h, f : r%vt~c ( , 20^"~, by and between ("Client"I and Tyler
Technologies, Inc. ~ The Software Group Division I"Tyler"l, a Texas Corporation with its principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas.
Equipment/Item Description	Qty	Unit	Extended Amount
		Price	
See Attached Addendum A for Details of Rack Server			
Database Conversion	1	5,000	5,000.00
Training Days	8	1,000	8,000.00
Project Management	1	5,000	5,000.00
Hardware, System Software, Application, Software Configuration/Installation	I	4,000	4,000.00
See addendum B for billing details			
	Subtotal	$
	Charge	
	This agreement shall become a binding contract between the parties when		Installation	$
	accepted by the signature of an officer of Tyler at its home office:			
			Purchase Price	$
	Client is advised to read the Terms and Conditions appearing on the reverse side			
	of this agreement before signing below.		Deposit (25%~	$
Client
--... _ ±~
AUhorized Signature
Print Name
,.'..r~1 ~.~..--~.-
Tyler Techrtisf 'es, Inc} ~ The Software Group Division
rwmonzeo aigngmre _~'ilenn Smlth
Print Name )
President
Title/Position Title/Position
Tyler Technologies, Inc. I The $hf(vmre Gropp Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
Kerr County Purchase Agreement
Addendum A
Description Qty Unit Price Extended Amount
HARDWARE & SYSTEMSOFTWARE
Primary Database Server Dual Processor LTO-2 Tape 1 9,653
Dell Poweredge 2800 (SU) with dual Xeon 2.8GHZ processors
2GB RAM
2x36GB 15K O/S disks (RAID I)
4x36GB I SK Database disks (RAID 5)
Dual 10/100/100 NIC's
CD-RW/DVD-ROM
Rapid Rails
Redundant Power
Silver support-and internal PowerVault 110T 200/400 GB Ultrium-2 internal Tape drive
Windows 2003 Server Standazd
Syear SD4HR service contract
Web/App/Job Servers 2
Dell PowerEdge 1850 with Dual Xeon 2.8GHz 1MB cache processors
1 GB RAM
2x36GB lOK disks (RAID 1)
Windows 2003 WEB Edition
Dual Gigabit NIC's
Active Bezel
Rapid Rails
Syear SD4HR service contract
Public Web Server
Dell PowerEdge 1850 with Dual Xeon 2.8GHz processors
IGB RAM
2x36GB IOK disks (softwaze mirror)
Windows 2003 STANDARD Edition
Dual Gigabit NIC's
Active Bezel
Rapid Rails
Redundant Power Supply
Syear SD4HR service contract
ORION Controller
1GB RAM
2x36GB lOK disks (RAID 1)
4,267
4,606
4,594
$9,653.00
$0.00
$0.00
$0.00
$0.00
$8,534.00
$0.00
$0.00
$0.00
$0.00
$4,606.00
$0.00
$0.00
$0.00
$0.00
$4,594.00
$0.00
$0.00
PERC4/Di RAID Controller
Windows 2203 STANDARD Edition
Active Bezel
Rapid Rails
Redundant Power Supply
Syeaz SD4HR service contract
Server Rack
5,844
$5,844.00
$0.00
Dell PowerEdge 24U server rack with equipment shelf
8-port KVM Switch wi0r cables
1 U flat-panel monitor with rapid rails
3 yeaz NDBOS Service Contract
$0.00
Kerr County Purchase Agreement
Addendum A
Unit Price Extended Amount
Backbone Switch Gigabit 16 Port
Dell Power Connect 2616 unmanaged switch
LAN-side Switch Gigabit 24-port
Dell powerconnect 2624 unmanaged switch
Firewall -not rack mounted
GB-200 Firewall Appliance (2S users)
GB-200 Extended Warranty
GB-200 Premium Plus Support (per yeaz)
SQL Serverper processor license
Veritas BackupExec Softwaze
Veritas BackupExec v10 media kit
1 420 $420.00
I	S25	$S2S.00
1	499	$499.00
1	144	$144.00
1	240	$240.00
2	4,276	$8,SS2.00
1	6S8	$658.00
I	41	$41.00
Orion Hardware & System Software 44,310
Software License Agreement
t
This agreement is made and entered into t~is f,~_ dad of , ~ PO_, by and between I"Client") an Ty er
Technologies, Inc. ~ The Software Group D vision I Tyler"~, a exas Corporation with its principal place of business at 6500
International Parkway, Suite~2Q~O,ckla~noNeresxas.
Equipment Configuration:
Software Product/Item Description
(GL, Budget Prep, Check Recon, Journal Entry Report, Office Exprt., Account Payable)
GASB MSDE Module with adjusting and reporting
Purchase orders
Fixed Assets
Project Accounting
Payroll/Personell
Printing and Reporting Solutions
Forms Overlay
Secure Signatures
Prof Services (Network Support, Project Management, Final Implementation)
System Software (Accucorp Runtime, Acu Server, Accu ODBC)
See addendum B for billing details
51,534
Subtotal Charge $ 51,534
This agreement shall become a binding cofltract between the ponies when
accepted by the signature of an officer of Tyler at its home office.
Client is advised to read the Terms and Conditions appearing on the reverse
side of this agreement before signing bebw.
Client
{µ~thm~rl~ gnalure '~.,~,
Pr'r~ o>~fy Judge
Installation $
$ 51,534
Purchase Price
12,884
Deposit X25%) $
Tyler Technologies, Inch ~ The Software Group Division
\ i~
~ ,,/ ~.;
Author zedbi ature
_. _ Glenn__,./rnith
Print Name
President
Tide/Position Tide/Position
Tyler Technologies, Inc. I The Sohware Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
License Fee/Amount
Software License Agreement
This agreement is made and entered into this ~_ day of r, 20'x`; by and between I"Client") and Tyler
Technologies, Inc. ~ The Software Group Division I"Tyler°l, a Texas Corporation with its principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas.
Dell Rack Servers
Equipment Configuration:
Software Product/Item Description	License Fee/Amount
yssey aw n orcemen - a, anagement (includes Jail Mngmt software for Juvenile detention Center	$70,000
Odyssey Law Enforcement-Records Management	$100,000
Includes Calls for Service replacement (CAD)	
Odyssey Unified Case Management System for Justice of the Peace Courts	$90,500
Includes Criminal and Civil Cases	
-Fully Integrated Document Imaging	
Odyssey Unified Case Management System for County and District Courts	
$265,000
Includes Criminal, Civil and Probate Cases	
-Fully Lrtegrated Document Imaging	
-Prosecutor/Hot Checks	
Odyssey Court Calendering System	$97,500
Includes Calendering for all cases in County, District and JP Courts	
Odyssey Web Interface for Public Users	$72 500
Includes Public Aces to data from County, District and JP Courts:	
-Civil, Criminal and Probate Cases	
-Jail and Bond Records	
Kerr County Discount	(125,000)
This agreement shall become a binding contract behveen the parties when
accepted by the signature of an officer of Tyler at its home office.
Client is advised to read the Terms and Conditions appearing on the reverse
side of this agreement before signing below.
Client
`YS_
~~~ Authorized SignaN}e ~ ~~ _
.,
Pat Tinley
Print Name
Couny ]udge
Title/Position
Subtotal Charge $ 570,500
Installation $
Purchase Price $ 570,500
Deposit (25%) $ 142,625
Tyler Techn~ies Inc. ~ The Software Group Division
,~ ( / r i
Authorize~9t§-r'ature
C•lern, Srttth
Print Name
Tide/Position
Tyler Technologies, Inc. The Software Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
Purchase Agreement
This agreement is made and entered into this 111,,. day of ~: r - 20~~~:, by and between ("Client") and Tyler
Technologies, Inc. ~ The Software Group Division ("Tyler"l, a Texas orp~o a ~r~~h its principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas.
Equipment/Item Description	Qty	Unit	Extended Amount
		Price	
InVision Financial Products Setup and Training and related travel	]	$36,647	$36,647.00
Legacy to Invision Conversion Services	1	$26,082	$26,082.00
See addendum B for billing details			
	Subtotal	$
	Charge	62,729.00
	This agreement shall become a binding contract between the parties when		
Installation	
$ Included
	accepted by the signature of an officer of Tyler at its home office.		
P
h
P
i	62,729.00
$
	Client is advised to read the Terms and Conditions appearing on the reverse side		urc
ase
r
ce	
	of this agreement before signing below		Deposit ~2S%~	$ 15,68225
Client
Authorized Signaroie
Pat Tinley
Tyler Tech P' ies, I c. ~ TFie Software Group Division
Authoriz re
--- enn Smith
Print Name
County Judge
Print Name
President
Tide/Position Title/Position
Tyler Technologies, Inc. I The Software Group Division • 65001nternational Parkway, Suite 2000 • Pldno, Tezas 75093

Purchase Agreement
This agreement is made and entered into this l ~. ~ t, day of ! .~ .. , 20 ; ~. ; by and between ("Client"I and Tyler
Technologies, Inc. ~ The Software Group Division ("Tyler°~, a Texas Corporation with its principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas.
Equipment/Item Description	Qty	Unit	Extended Amount
		Price	
swn ervu-es			
Project Management	25	$1,000	$25,000.00
Professional Service			
On-site /Off-site /Setup and Configuration	1	$4,500	$4,500.00
On Site Instruction	86	$1,000	$86,000.00
Data Conversion of exixting TSG applications to Odyssey		cuded	
All work will be completed according to the Statement			
Of Work attached			
See Addendum B for billing details.			
	Subtotal	$ 115,500.00
	Charge	
	This agreement shall become a binding contract between the parties when		Installation	~ Included
	accepted by the signature of an officer of Tyler at its home office.			
			Purchase Price	$
	
Client is advised to read the Terms and Conditions appearing on the reverse side			115,500.00
				
	of this agreement before signing below.		o
Deposit ~25/~	
$
				p8,875.00
Client
Tyler T.
Software Group Division
__,-r~_.__.. ~,w
_- . -,
Auffiarized Signature
Pat Tinley
Print Name
County Judge
Title/Position
Authorized
Print Name
President
Title/Position
Tyler Technologies, Inc. I The Sohware Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
,,
Purchase Agreement

>,
This agreement is made and entered into this f Z+{, day of _~e• i ` ~cY:+ C ~ r , 20_;; by and between ("Client") and Tyler
Technologies, Inc. ~ The Software Group Division ("Tyler"l, a Texas Corporation with ifs principal place of business at 6500
International Parkway, Suite 2000, Plano, Texas.
Equipment/Item Description	Qty	Unit	Extended Amount
		Price	
ys em o are	1	$73,007	$73,007.00
See Addendum A			
See addendum B for billing details			
	
Subtotal	,00 .00
$
	Charge	
	
This agreement shall become a binding contract between the parties when		
Installation	$ nc u
	accepted by the signature ofan officer of Tyler at its home office.			73,007.00
			Purchase Price	$
	Client is advised to read the Terms and Conditions appearing on the reverse side			
	of this agreement before signing below		o
Deposit (25/~	18,251.75
$
Client Tyler Technolo ies, Inc. The Software Group Division
~ 1
T~-, _
,.~ ` ~ ,
Authorized.5ignatuie ~ Authorized
Pat Tinley Gle Smith
Print Name Print Name
County Judge President
Title/Position Title/Position
Tyler Technologies, Inc. The Software Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093
Kerr County Purchase Agreement
Addendum A
Description Qty Unit Price Extended Amount
Database Server with SDLT Tape Drive ] $14,925
DELL PowerEdge 4600 with Dual Xeon 3.OGHz St2K cache processors,
2GB RAM, 2 x 36G8 10K O/S disks (RAID 1), 4 x 73GB 10K Database
disks (RAID 5), 2 x 73GB 1 OK T/L disks (RAID 1), PERC3/Dl RAID
controtler, Wndows 2003 Server Std, redundant power supply, dual
7 0/100/1000 NIC's (2), Rapid Rails, Syr NBDOS service contract, rack
krstatlatron -AND PowerVauk 1107 SDLT 160/320GB krtemal tape drive,
5pk SDLT media
Web/Application Servers 4 $4,786
DEU. PowerEdge 1750 witlr Dual Xeon 3.O6GHz 512K cache processors,
1 GB RAM, 2 x 36GB 10K O/S disks (software mirror), Wndows 2003
WEB Edition, dual Gigabit NIC's, active bezel, Rapid Ratls, rock instatlaflon,
Syr NBDOS service
Public Web Server ] $4,163
DELL PowerEdge 1750 witlr Dua12.4GHz Xeon 512K cache processors,
1 GB RAM, 2 x 36GB 10K O/S disks (software mirror), Windows 2003
STANDARD Eddtion, dual Gigaba NIC's, active bezel, Rapid Rails, rack
inslatlation, 5-year NBDOS service contract
Odyssey Controller 1 $4,551
DELL PovrerEdge 1750 with Burgle Xeon 2.4GHz 512K cadre processor,
1GB RAM, 2 x 36G6 tOK O/S disks (RAID 1), PERC4/Di RAID controtler,
Windows 2003 Std Edition, active bezel, Rapid Ram, rack installation, Syr
NBDOS service corNad, redundant power supply
Network Attached Storage (NAB) for Images 1 $6,051
DELL PowerVaufl 725N with Single P4 2.4GHz processor hardware RAID
with operating system, 512M6 RAM, 4 x 250GB IDE 7200rpm harddrives
(RAID 5), Rapid Rails for DELL rack, SyB NBDOS service, rack irrstaAation
42U hack for Odyssey Servers
DELL PowerEdge 4210, 8~por[ KVM switch wflh cables, Syr NBDOS,
kreide delivery and krstanaflon, PDU's (2), 1 U flat-panel morvtor w! rapid
rays, equipment shelf, 3000VA UPS (2), 10/100 SNMP card (2)
Odyssey Backbone Switch, Gigabit 12-Port
PowerCormect 5212, 12 Port Gigabit Ethernet Managed Switch, 4 Buittin
SFP GBIC Skris, 5year NBDOS service contract
1 $7,879
1 $1,341
$14,925
$19,144
$4,163
$4,551
$6,051
$7,879
$1,341
LAN-side Switch, Gigabit 24-Port 1 $2,046 $2,046
DELL PowerConnect 5224, 24 PoR Gigabk Ethernet Managed Switch, 4
B~xlt3n SFP GBIC Sbts, Syear NBDOS service contrail
Ken• County Purchase Agreement
Addendum A
Description Qty Unit Price Extended Amount
Odyssey System Hardware and Software Qaanti Unit Price Unit Total
3rd Party Software Licensing
SQL Server 2000 per processor license
Media for SQL Server 2000
Veritas BaclaipF~cec vg.1 for WmServer w/ media
Verilas BackupFxec vg.t Remote Agent CAL Option
Data Dynamics AcGVe Reports
Z	$5,428	$10,856
1	$27	$27
1	$569	$569
1	$156	$156
I	$1,299	$1,299
		$0
Odyssey Total $73,007
Kerr County
Summary
Agreement 2
Agreement 3
License Agreement 1
License Agreement 2
$115,500.00 Services Odyssey
$62,729.00 Services Invision
$570,500.00 Courts application
$51,534.00 Invision Applications

Addendum B: Billing and Maintenance agreements
TSG in conjunction with Kerr county agrees to begin billing for Odyssey and Orion projects no earlier titan
January 31 2006. TSG agrees to lock in Ken County's maintenance rates for five years.
For: For:
The ~oftw~tre Group, Inc. Kerr Coun
- 3 r-=-y` Date ounty Judge Date
3 -
Client Support and Software Update Services Agreement
Client Installation Location: Kerr County
Commencement Date: 9/4/07
System Administrator: John Tro~inger.
Phone Number: 830 370-1238
Tyler Technologies, Inc. ~ The Software Group -Division (Tyler) agrees to provide and -Kerr County ("Client")
agrees to accept Client Support and Software l~pdate Services on the item(s) listed below, at the quarterly charge
indicated. The terms and conditions of this Agreement are set forth on the face hereof and in the Terms and Conditions
appearing on the reverse side of this agreement.
Software Product Description	Quarterty Charge
Jail Manager	5431
Law Enforcement	668
CAD ~	820
Mugshot Manager	700
This agreement shall become a binding contract between the parties when accepted by	Total Quarterly Charge	~ 7619
the signature of an officer of Tyler at its home office.		
CLIENT IS ADVISED TO READ THE TERMS AND CONDITIONS APPEARING ON		
THE REVERSE SIDE OF THIS AGREEMENT BEFORE SIGNING BELOW.		
Tyler Technologies, Inc. ~ The Software Group
Client Division
Kerr Dustin Womble
Gounty
Pat Tinley
Contact Name (Print)
Judge
TitlelPosition
Authorized Sig tune
~ :,~~ 10`7
Date
Contact Name (Print)
President
Title/Position
Authorized Si ature
/U /o O ~
Date
Tyler Technologies, Inc. I The Software Group Division • 6500 International Parkway, Suite 2000 -Plano, Texas 75093
Terms and Conditions
1. Definitions
(a) Equipment The computer hardware, including the central processirx~ unit on
which Software is installed, and any other Tyler supplied peripheral equipment at
the location of software installation.
(b) Software. Any Software product licensed to Client by Tyler under a separate
agreement for which Tyler offers its Client Software Update and Client Support
services, which Software is identified in writing on the face of this document.
Software may include machine readable code (object code) written in any
language on any media, source code of listing, and any improvements,
modifications, enhancements, changes or updates to such code or listings
provided to Client by Tyler.
(c) System. The Equipment and the Software that are defined in 1(a) and 1(b)
above.
2. Tenn
(a)This Agreement is effective from the Commencement Date and shall continue
ffor an initial term of six months. After the initial term, this Agreement shall remain
in force until terminated by either pally for any or all the products listed on the
face of this agreement upon ninety days (90) prior written notice to the other
party.
3. Eligibility for Service Agreement
(a) Software is eligible for inclusion under this Agreement immediately upon
Tyler's installation of Software, expiration of Tyler's Software warranty, or
expiration of an existing Tyler Software Update and Client Support Service
Agreement
(b) Service under this Agreement is contirxdent upon:
(1) The Software being unmodified and properly maintained at the latest
Tyler revision.
{2) The System containing at least the minimum hardware configuration
and prerequisite software as speafied by Tyler.
(3) All Software being covered by Software warranty or by this Agreement,
if such coverage is available. Software licensed after the Commencement
Date of this Agreement may be subject to additional charge(s) for coverage
under this Agreement.
4. Service Responsibilities of Tyter
For the charges stated herein, Tyler shall provide the following Software Update
and Client Support services:
(a) Software updates and enhancements to the covered Software made generally
available by Tyler to its Clients during the term of this Agreement shall be
provided as product releases on Tyler's standard media. Software updates and
enhancements include:
(1) Program modifications required due to legislative changes.
(2) Program changes required to use Tylers standard forms.
(3) Fixes to reported software problems.
(4) General enhancements to covered Software, which Tyler deems to be
included in the standard system.
(b) Improvements and revisions to reference manuals or documentation made
generally available by Tyler to its Clients during the tens of this agreement.
(c) Remote diagnostics of problems with covered Software.
(d) Periodic review of outstanding enhancement requests and bug reports.
(e) Telephone assistance, telephone number(s) will be provided to the Client.
Contact to enable communication with a Tyler Specialist during the hours of 8:30
AM to 5:00 PM. local Dallas, Texas time, Monday through Friday, exclusive of
Tyler holidays. Tyler will use reasonable efforts to respond to the Client Contact
call within four working hours assisting with:
(1) Identifying, verifying, and resolving problems in the Software.
(2) Identifying and verifying problems with the Equipment used in
connection with the Software.
(3) Installation of Software releases.
5. Services Not Included
(a) Noon-site Software Updates or Client Support services are included under
this Agreement Any on-site service requested by the Client or required due to
software changes, operating system upgrades, training, or other assistance will
be provided at Tyler's per~all rates and terms then in effeG.
(b) Services not covered by this Agreement include, but are not limited to, failure
of Equipment, failure of non-Tyler supplied software, failure of Software caused
by non-Tyler provided hardware, failure of Software due to Equipment operation,
catastrophe, fault, or negligence of Client, operation error, improper use or
misuse of the System or any part thereof, or any other causes beyond the control
of Tyler and occurring without the fault or negligence of Tyler.
6. Responsibilities of Client
(a) Client agrees to appoint a System Administrator to be responsible for the
overall operation of the System and individual ProduG Administrator(s) to be
responsible for the operation of each product identfed on the face of this
agreement to function as the primary contact between Client and Tyler.
(b) Client acknowledges all Software changes, improvements, enhancements or
updates (and each of them) provided by Tyler are subject to the same License
Agreement under which Client obtained a license to the Software, including all
terms and conditions thereof, and Client agrees to abide by such License
Agreement.
(c) Client agrees to maintain the Software to the latest revision level.
(d) Client agrees to provide adequate training to its employees and further agrees
to assign to the use of the system only those employees who have received
adequate training.
(e) Client agrees to allow remote access by Tyler for purposes of software
support including VPN access.
7. Charges
(a) Charges will be invoiced each quarter in advance and will be payable on the
fifirst day of the quarterly service penod for which the Tyler invoice is rendered.
(b) Charges for the preparation of each release will be invoiced at such time as
the release is prepared at Tyler's then current release charge.
(c) Charges do not include any tax or other governmental impositions including,
wthout limitation, sales and use tax. All such cost, if any, shall be invoiced
separately to Gient, and client shall pay the same.
8. Limitation of Liability and Warranty
(a) Tyler's liability for damages arising out of or in connection with this Agreement
whether based on a theory of contract or tort, including negligence and strict
liability shall be limited to the total charges paid or payable during one (1) year
under this Agreement.
(b) No action arising out of or in connection with this Agreement whether based
on a theory of contract or tort, including negligence and strict liability, may be
brought or instituted by either party more than two {2) years after the cause of
action accrues.
(c) In no event shall Tyler be liable to Client for (i) indirect, remote, incidental,
special, exemplary, punitive or consequential damages, (ii) damages due to
causes beyond the reasonable control of Tyler or (iii) damages resulting from foss
of use of the System or any part thereof, loss or damage to Client source data,
loss of revenue or destniction, or loss of materials provided to Tyler by client.
(d) THE RIGHTS AND REMEDIES OF CLIENT SET FORTH HEREIN ARE
EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER RIGHTS AVAILABLE AT
LAW OR IN EQUITY. Tyler DISCLAIMS ALL WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
OR INTENDED PURPOSE.
9. General
(a} Client recognizes that Tyler invests considerable time and expenses in
training Tyler employees. Should Client directly or indirect)y contract with or hire
any Tyler employee, Client shall immediately pay to Tyler four (4) months salary
for each employee hired or contraGed with and Tyler shall be entitled to any other
modification or amendment to this agreement as shall be equitable under the
circumstances.
(b) If either party negleGs, fails or refuses to perform any of its obliggations under
this Agreement, and such failure continues for a period of twenty (20) days after
written notice thereof, the other party shall have the right to discontinue
performance and the right to terminate this Agreement.
(c) This Agreement supersedes all prior Software Update and Client Support
service agreements and understandings between the parties with respect to any
services covered by this Agreement, and may not be changed except by written
instrument signed by both parties unless specifically permitted herein to the
contrary and may not be terminated except by written notice.
(d) It is expressly understood and agreed that if either party, on any occasion fails
to perform any term of this Agreement, and the other party does not enforce that
term, the failure to enforce on that occasion shall not prevent enforcement on
another occasion.
(e) Performance of this Agreement and payment of charges hereunder shall take
place at Tyler's facility at the address set forth below.
(f) This Agreement shall be governed, interpreted and enforced in accordance
with the laws of the State of Texas.
10. Entirety of Agreement and Amendments.
(a)This Service Agreement contains all of the representations, warranties, and
promises of the parties relating to the subject matter hereof, whether oral or
written, and supersedes all representations, warranties, and promises of the
parties relating to the subjeG matter hereof which predate this Service
Agreement.
(b)This Service Agreement may only be amended, modified or changed by
written instrument signed by both parties hereto.
Tyler Technologies, Inc. I The SoRware Group Division • 6500 International Parkway, Suite 2000 • Plano, Texas 75093