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financial affairs of a Party or its affiliates;(26.4.6.)Additionally,in the case of NISC,the Software and Documentation;(
<br /> 26.4.7.)Additionally,in the case of Associate Member,the relations of Associate Member or its affiliates with their
<br /> respective customers,employees and service providers,customer or employee Personally Identifiable Information,and
<br /> other customer information in the custody of Associate Member.
<br /> 26.5.Control:Having(265.1.)direct or indirect ownership of fifty percent(50%)or more of the controlled entity's
<br /> shares or other ownership interests,or(26.5.2.)the right to exercise the executive decision-making for such entity,no matter
<br /> the source of such right.
<br /> 26.6.Costs:The actual,reasonable and necessary out-of-pocket(or per diem)expenditures associated with
<br /> providing the Services.
<br /> 26.7.Custom Programming:Programming performed in order to meet the unique needs of Associate Member,
<br /> including,but not limited to programming to meet non-standard business requirements;file fixes,data cleanup on any
<br /> legacy applications,additional bill calculations,delinquent notices,cutoff notices,or any other deliverables not otherwise
<br /> commercially available to other NISC members.
<br /> 26.8.Documentation: Regardless of the medium in which stored or displayed,the user manuals,help screens,
<br /> Ordering Documents,Community web pages and other written materials that relate to the Software,along with any and all
<br /> amendments,modifications and supplements to such written materials.
<br /> 26.9.Enhancements:Modifications,additions,or substitutions,other than Maintenance Modifications and
<br /> Custom Programming.made to the Code that accomplishes incidental,structural,or functional improvements.
<br /> Enhancements also include all minor revisions and releases of the NISC Software subsequent to the effective date of this
<br /> Agreement.
<br /> 26.10.Go-Live Date:The first date on which the Software may be used in production by at least one user to
<br /> perform a business function.
<br /> 26.11.Hosted Software:The NISC Software designated as"Hosted Software"in the applicable Ordering
<br /> - Documents.
<br /> 26.12.Hourly Rate:The rate set by the NISC Board of Directors which is in effect at the time services are
<br /> rendered.Such rate shall not increase in any twelve month period by more than ten percent(10%).
<br /> 26.13.Intellectual Property Rights:On a worldwide basis,any and all:(26.13.L)Rights associated with works of
<br /> authorship,including copyrights;(26.13.2.)Marks;(26.13.3.)Trade secrets and proprietary methodologies;(26.13.4.)
<br /> Patents,designs,algorithms and other industrial property rights;(26.13.5.)Other intellectual and industrial property rights
<br /> of every kind and nature,however designated,whether arising by operation of law,contract,license or otherwise;and
<br /> (26.13.6.)Registrations,initial applications,renewals,extensions,continuations,divisions or reissues thereof now or
<br /> hereafter in force(including any rights in any of the foregoing).
<br /> 26.14.License:The non-exclusive,royalty-free,non-transferrable right to use the Software solely for Associate
<br /> Member's internal purposes.
<br /> 26.15.Maintenance Modifications:Modifications,updates,or revisions made by NISC to the Code that correct
<br /> errors,support new releases of operating systems,or support new models of input/output devices with which the Code is
<br /> designed to operate.
<br /> 26.16.Marks:All trademarks,service marks,trade names,trade dress,symbols,logos,designs,and other source
<br /> identifiers.
<br /> 26.17.Minimum Equipment&Maintenance List:A list of equipment and maintenance requirements provided
<br /> by NISC and updated from time to time,after Associate Member provides NISC with information as to Associate Member's
<br /> intended use of the equipment,which describes the minimum equipment necessary,as well as maintenance requirements
<br /> pertaining to such equipment,in order to operate the Software within acceptable parameters.
<br /> 26.18.Monthly Fees:With respect to NISC Hosted Services,the fee to access such service and Support Services
<br /> related thereto.With respect to all other NISC Software,the fees for Support Services as well as NISC Software
<br /> Maintenance Modifications,Enhancements,and updated Documentation.
<br /> 26.19.Monthly Fee Rate:The rate(s)set by the NISC Board of Directors which is in effect at the time services are
<br /> rendered.Such rate shall not increase in any twelve month period by more than ten percent(10%).
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