Cynthia+Muna

==== Module 1 assignment Executive Summary  For the past two years, North Hennepin Community College (NHCC) has experienced a decline in student enrollment and below average retention and completion rates. According to the Minnesota State Colleges and University system ([|www.mnscu.edu]) in 2008, NHCC retention rates peaked at 74.6%; however, in 2009 this rate dropped to 69.8%, which is a significant drop, and if this is a trend, it could have negative fiscal consequences for the institution. When addressing issues like college retention, NHCC needs to create a comprehensive plan that includes an early alert system that can be used to support advisors, faculty, and administrators that are located across campus. This centralized electronic tool will work to identify at risk students by fostering communication among advisors and faculty. Additionally, college staff are able to utilize this electronic system as an online communication system that engages students in outreach and relationship building. Moreover, advisors can be confident that multiple staff across campus is not calling the same student repeatedly. Because students work with multiple advisors and counselors across campus, many advisors spend time having the same conversation with the student. Fortunately, this system allows advisors to review the students file notes beforehand, which saves time for both the advisor and student. Finally, this system requires NHCC to commit to a three year contract, which costs $20,000 including implementation, for the first year, and $35,000 for the last two years. The benefit of having a streamlined, centralized database that supports student success and retention aligns with NHCC’s federal Perkins funding, which supports new technological innovations that help students succeed. These monies will pay for the implementation and maintenance of this project for three consecutive years. Hobson’ Retention Tool Problem Summary  In fiscal year 2014, NHCC is faced with a projected one million dollar shortfall because of decreasing enrollment, falling retention rates, and fewer dollars allocated from the state of MN. In order to change the direction of our budgetary situation, we need to have a comprehensive approach for improving recruitment and retention. Unfortunately, there are several departments working together to increase our overall retention data; however, there is not an electronic tool that allows the departments to track whether a student at risk has been contacted by the college. In order to help decrease our budgetary shortfall, we need to keep the students that come through our doors by reaching out and connecting with them. Background of Organization North Hennepin Community College is located in Brooklyn Park, MN which is a northern suburb outside of Minneapolis. NHCC was founded in 1966, and they strive to offer incoming students opportunities without limits, learning without end, and achievement beyond expectation ([]). The college has a very diverse group of learners. For example, 35% of the students are people of color, 93% are underrepresented, and 65% are low income and first generation college students. Our student population is at risk and requires a high level of support services and connection to faculty. Finally, it would be helpful to have a full understanding of the culture among the leadership team. Fortunately, I have access to all internal documents and the Higher Learning Commission Report, which may be a great resource for obtaining data, Noel Levitz survey results, and shared governance documents that could give me a broader overview of the campus. ==== ====Stakeholders and Decision-Makers  The stakeholders that will be affected by this project are faculty, administrators, all student services staff, information technology department, and institutional research department. The Executive Leadership team, which includes faculty and staff, will be the final decision makers for this project. Our Vice President (VP) for Student Services, Institutional Researcher, and a Dean can provide insight into the overall performance problem. These are the prospective interviewee’s: Landon Pirious, VP of Student Services, Mary Diedrich, Dean of Support Services, and Sheryl Olson, Institutional Research ‍‍‍Director. ====

====Currently, North Hennepin Community College’s retention rate is at 69.8%, which meets the state defined retention rate of 69.2%. However, the optimal rate would be 74.6% based on state definitions of exceeding expectations. Historically, our retention rate breakdown is as follows: 2004- 69.7%, 2005-71.6%, 2006-72.7%, 2007-69.2%, 2008-74.6%, and 2009-69.8% ([|www.mnscu.accountabilitydashboard.edu]). In 2008, the recession had a positive impact on our retention rate. However, since the economy has improved we have begun to see a steady decrease in retention, as jobs have been added to the economy. ====

====Currently, NHCC has two separate counseling and advising departments that use different approaches to advise and work with students. Unfortunately, the leadership philosophies of both departments are different and this lack of philosophical alignment keeps advisors and counselors from working together to provide comprehensive services to students. Additionally, there isn’t a technological mechanism in place to facilitate collaboration between the departments. Unfortunately, students are caught in the middle and consequently get frustrated from misinformation they receive from both departments. ====

====By implementing an electronic system that outlines communication and aligns the outreach efforts between the departments and faculty, we will be better able to support students and increase our ability to effectively increase our overall retention rate, which has a direct impact on our long-term fiscal health. ====

====Performance Gap. The gap is the division among the departments because of the lack of a comprehensive plan to communicate and work with students to ensure academic success. Additionally, the lack of philosophical alignment plays an intricate role in the relational disconnect between the counseling and advising employees. ====

====Cause Analysis. The problem developed because of the different focus of the advising and counseling departments. The Student Support Services division focuses solely on first generation and high risk students. Because the student populations have differing needs, processes and procedures that each division use are different and students get caught in the middle, because of the overlap between each departments’ approach to serving them. Unfortunately, the negative history between the departments has added to the performance gap. ====

====Goals. One of the strategic focus and goals for the college is to provide access and opportunity and success by maintaining academic standards and stable enrollments while increasing retention and completion rates. ====

====History. North Hennepin Community College is recognized as one of the top performing community colleges in the Minnesota State Colleges and University system. ====

====Mission and Vision. NHCC mission is focused on engaging students, changing lives North Hennepin Community College creates opportunities for students to reach their academic goals, succeed in their chosen professions, and make a difference in the world. While the vision is to offer opportunity without limits, learning without end, and achievement beyond expectations. ====

====Low cost ($5,000) the low cost strategy that could be used to solve the performance gap would be to provide training for information technology staff, faculty and academic counselors and advisors to fully implement and utilize the Hobson Retain software. In addition to the professional development training, NHCC could administer the Noel Levitz student engagement survey annually to compare with existing baseline data. Currently, the student engagement assessment is a part of the campus accredidation assessment plan, so we would not need to purchase this assessment. This strategy would only have minimal impact on the performance gap problem, which is why I will choose the medium cost strategy that includes the technology, training, and the use of existing student engagement data. ====

====Medium cost ($25,000) the medium cost strategy that would be implemented is the Hobson's Retain Software, which requires an annual fee for support and ongoing staff training of $25,000 for the second year and $35,000 for the third year beyond the initial implementation phase. The funding for the annual fee has already been secured so this is the best intervention strategy and the one I will choose for my project. ====

====High cost ($50,000) a high cost strategy would allow the college to creatively work to develop a comprehensive approach, utilizing the technological system, surveys, a professional development plan that is ongoing, and accessible by all college employees. Unfortunately, the fiscal challenges that Minnesota currently faces will not allow this cost strategy to be implemented. ====

Justification for Medium Cost Strategy: ($25,000)
====My proposal will include the medium cost strategy approach because it is fiscally sustainable over five years through a federal Perkins grant. Additionally, it offers a more comprehensive approach that includes professional development opportunities, multiple assessment sources, which will allow the college to triangulate the data, and it covers the cost of full implementation for the initial start up cost for the Hobson Retain software. According to Rossett (2010) the most effective performance solution approach is one that includes varying approaches to solve multiple issues. There are two key reasons that the medium strategy will be the most effective once implemented at NHCC. First, the Hobson Retain system collectively tracks data to ensure students are being retained at a higher rate. Based on a case study performed by California Lutheran University (n.d), freshman retention rates rose from 76% to 81.5% in the first year after the Hobson Retention system was implemented. Based on similar, initial increases, it is likely that NHCC will not drop below the state defined retention measures. For example, NHCC is barely meeting the Minnesota state defined retention rate of 69.2% ([|www.mnscu.accountabilitydashboard.edu]) by six-tenths of a percentage point. Unfortunately, the historical data shows a steady decline over the past six years, which means it is likely we will miss the target over the next academic school year without the implementation of this technology. According to Rossett (2010) by implementing solutions that are driven by data, we are able to effectively report to each other and those that fund our work, while ensuring continuous improvements that are performance based. ====

====Secondly, funding has been secured for the Hobson Retain Software for the next five academic years. Fortunately, some key features of this system are annual technological upgrades and ongoing training and development for faculty, staff, and information technology employees. Moreover, the ongoing training will provide both departments the chance to come together and attend mandatory bi-weekly meetings. These mandatory meetings will allow staff the chance to review the data gleaned from the retention system, as well as other data resources. During these meetings, employees will focus on what is working and what is not working for students. Additionally, employees from the two departments will be able to make changes based on data, and not on personal assumptions and differing philosophical approaches, which may bridge the communication gap between two geographically disconnected departments. Consequently, the medium cost strategy will offer the college a technological system that has a minimal cost to the college, but could optimally pay higher dividends over time. According to Chevalier (2007) it is important that the cost of solutions don’t cost more than the benefits the company will glean from the investment. Based on other colleges’ documented and reported retention improvements, the retention software will pay for itself overtime. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">On the other hand, the low cost strategy would not offer a comprehensive approach for solving the performance gap. For instance, the cost of the retention technology would not allow the college to purchase and implement the system. Moreover, one of the main benefits of purchasing this software is to bridge the geographical distance between the two departments and eliminate the redundancy of the services both departments are currently performing. The strength of the low cost approach would be the minimal cost incurred by the college; however, it would only be a panacea for the larger problem. Additionally, without the retention system, the college would continue to utilize existing data sets that only offer one perspective on student engagement and overall retention and completion rate.Unfortunately, the low cost strategy would allow the college to continue to support existing strategies that are not significantly improving student retention and completion rates. According to Chevalier (2007) offering the necessary tools, time, and technology are important factors to consider when improving performance measures. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">Over time, the high cost strategy would offer the college a better-defined five-year comprehensive approach that would allow, the college as a whole, to participate in student retention planning, not just faculty and student services staff. Unfortunately, at the state and national level, the educational arena has experienced a decrease in fiscal support, which makes funding the high cost strategy unrealistic and unsustainable over time. According to the Minnesota Budget Bites (2011) website, the Minnesota State Colleges and University system was “cut by $170 million in FY 2012-13, a 13 percent reduction, which is close to the 14 percent reduction approved by the Legislature.” Unfortunately, this data represents the fiscal reality for most colleges across the country and it is unlikely this trend will change in the near future. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">Finally, the medium cost strategy aligns with the strategic goals that focus on increased student access, retention, and completion rates. In order for NHCC to effectively serve all student groups, we must implement a system that allows the college to strategically connect and communicate with students that are struggling academically. The Hobson’s system will allow faculty and staff a systematic way to collaborate and target students that are not showing up for class regularly or that are struggling academically. Additionally, this system will support the college’s reporting responsibilities that are mandated by state and federal funders, as well as ensure accurate assessment data that is needed for ongoing accreditation with the Higher Learning Commission. ====

<span style="font-family: Tahoma,Geneva,sans-serif;">The role of the Manager:
====<span style="font-family: Tahoma,Geneva,sans-serif;">My role as the project manager would include being a member of the project management team. In this capacity, I would work to ensure that the goals and outcomes align with the goals of the grant that is funding the project, as well as the goals of the institution. For instance, one goal of the grant is to meet the targeted performance measures that are defined by the federal government. Additionally, the state has retention targets that the college needs to meet, which means the definition we define during implementation equal or surpass both of these targets. Additionally, as the grant manager, I am responsible for ensuring the money allocated for this project is cost effective and is geared to effectively serve students. Surveying students, faculty and staff on the effectiveness of the retention system with new and existing data collection will achieve this goal. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">According to Januszewski & Molenda (2008) managing resources must be achieved from a holistic approach. Our college will achieve this by monitoring the retention system and its effectiveness on working to help faculty and staff retain students. Fortunately, the company that is helping our staff implement this system offers training and annual updates for the retention system. This training will offer our staff specific strategies to ensure we are maximizing the features of the system. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">Daily, both faculty and staff will incorporate this system into their work duties. For example, the system allows the faculty to communicate with student services staff via email to share concerns about specific at risk students. Once the faculty has notified the student services staff, they will contact students and set up meetings with their advisors and/or counselor to discuss any issues that are keeping them from being successful in class. Additionally, this centralized system will help two departments monitor communications and ensure students are being contacted multiple times by campus employees. Fortunately, this helps to increase effectiveness and eliminates any redundancies by staff and frees them up to work on other duties. ====

====<span style="font-family: Tahoma,Geneva,sans-serif;">Finally, the retention system automatically collects data and allows any user to pull reports that can be used for reporting and new program development. The institutional researcher will be able to pull complex reports and offer training to department leaders that want to work on more specific goals and outcomes utilizing data. Additionally, these reports will be added to federal annual performance reports, as addendums, to support retention programming. ====

<span style="color: #262626; display: block; font-family: Arial,Helvetica,sans-serif; font-size: 13pt; text-align: left;"> ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;"> According to Chevalier (2007) about 85 percent of all performance problems is due to some factor in the environment. In NHCC’s case, the environmental factors include a geographical divide and a difference in the philosophical approach to serving students. The manager, Landon Pirious, Vice President of Student Affairs, will need to bridge the geographical and philosophical gap by utilizing a participative approach for change. In a short time, Landon has utilized his personal power to persuade each team to embrace a new approach for recruiting and retaining students. For instance, from the beginning, he has strategically built relationships with each department by attending monthly meetings in each division, and also scheduled one on one meetings, with the team leads, from each student services area. Fortunately, this bottom up approach has built trust and gained the confidence of all employees, which will ensure long-term commitment to the retention project. According to Chevalier (2007) it is important to implement change strategies that include preparation, implementation, and reinforcement in order to ensure that change occurs. ==== ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;"> Initially, during the preparation stage, the change agent will need to utilize recruitment and retention data to glean support from all employees. Unfortunately, a projected decrease in student recruitment and retention numbers would impact the overall budget for fiscal year 2014, which may require the college to lay off employees. By presenting this data, coupled with the looming threat of lay offs, the change agent can capture the attention of all student services employees. After the employees review and understand the data, the manager will need to solicit input from all employees, and glean ideas on how the college could become proactive and create change, in order to avoid possible lay offs. Additionally, the change agent would need to provide employees with technology training to ensure they are able to utilize the technology. ====
 * <span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">The Manager as Change Agent **

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Financial and Budget Information.
====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Hobsons, Inc. ====

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">[[image:http://educ-7103-1.wikispaces.com/site/embedthumbnail/placeholder?w=500&h=50 width="500" height="50"]]

 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Customer ID: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">nhcc/nhccretain ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Sales Rep: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Cathy Willette ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Order Number: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">O - 41652 ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Order Date: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">5/6/2012 ==== ||


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Contact Information ==== ||  |||| ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Billing Information ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Contact Name: ==== || ==== ==== ||  || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Contact name: ==== ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Institution Name: ==== ||  ||   || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Institution Name: ==== ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">School/Dept Name: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">North Hennepin Community College ==== ||  || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Telephone: ==== ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Address: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">7411 85th Ave N ==== ||  || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Address: ==== ||   ||
 * || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Brooklyn Park, Minnesota 55445 ==== ||  ||   ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Telephone: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">(763)424-0391 ==== ||  || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Customer P.O. Number: ==== ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Facsimile: ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">(763)424-0929 ==== ||  ||   ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Email: ==== || ==== ==== ||  ||||   ||


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Services Purchased ==== ||


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Subscription Based Products ==== ||  ||   ||
 * || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Term (in months) ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Sales Price ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Hobson’s Retain Software ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">12 ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$0.00 ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Hobson’s Retain ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">36 ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$75,000 ==== ||
 * ||  || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Subtotal: $75,000 ==== ||

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$75,000 ||
 * || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Order Total: ==== || ==== ====


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Campus-Wide Enterprise? ==== ||  ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Offer Expires: ==== ||  ||


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Comments/Notes ==== ||

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$75,000.00 ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Payment Terms ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">04/02/2012 ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$20,000.00 ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">04/02/2013 ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$25,000.00 ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">04/02/2014 ==== || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">$30,000.00 ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Total: ==== || ==== ====


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Terms and Conditions ==== ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Sections 4 and 5 of the Master Services Agreement set forth provisions for payment of the above mentioned fees in the event of cancellation or termination of the services. This Hobsons Order Form and the Services included are subject to all terms of the Master Services Agreement dated _______________ between Customer and Hobsons. Software Services pricing includes hosting your EMT instance at Hobsons’ secure data center, administrator access to your EMT system, and an externally accessible URL. Sales tax applies unless a tax-exempt form is provided. All values are in US Dollars. Implementation Services per attached Statement of Work. ==== ||


 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Customer Authorized Signature: ==== ||  ||   || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Date: ==== ||   ||   ||   ||   ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Customer Printed Name: ==== ||  ||   ||   ||   || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Title: ==== ||   ||   ||   ||   ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Hobsons Authorized Signature: ==== ||  ||   || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Date: ==== ||||   ||   ||   ||   ||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Hobsons Printed Name: ==== ||  ||   || ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Title: ==== ||||   ||   ||   ||   ||

====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">This Master Services Agreement (this ‘Agreement’) is dated as of ___________by and between Hobsons, Inc., a Delaware corporation (‘Hobsons’) and ______________, a _________ (‘Customer’). ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Services: The services and / or products that Customer purchases and / or licenses from Hobsons, which may include the services and products of certain subsidiaries of Hobsons (the ‘Hobsons Subsidiaries’) as described in Section 17 below (collectively, the ‘Services’) shall be set forth on an order form (the ‘Order Form’), which shall be signed by Customer and Hobsons in order to be effective and legally binding. In the event of any inconsistencies between the terms of this Agreement and any Order Form, the terms of this Agreement shall prevail. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">License, Subscription and Service Fees: Customer agrees to pay Hobsons the applicable fees for the Services set forth on the Order Form at such times and in such amounts as set forth on the Order Form. Billing terms shall be set forth on the applicable Order Form. Payment for Services will be due 30 days from the date of invoice. In the event any invoice is not paid when due, Customer shall have fifteen (15) calendar days after Hobsons provides notice to Customer of such late payment to make such payment in full. If such payment in full is not received by Hobsons, then Hobsons reserves the right to delay initiation of or halt any Service until payment is received in full. Should Customer desire to add additional Services during a given term, the fees for such add-on service(s) will be pro-rated to correspond to Customer’s current term. ====
 * 2) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Service Term: Unless otherwise stated on the Order Form, the effective date for Services purchased will be the signature date of the Order Form. The term of this Agreement shall commence on the date set forth above and, unless terminated earlier pursuant to Section 4 below, shall terminate on the last date that all Services set forth on the Order Forms are provided in accordance with the terms set forth therein. Customer acknowledges that Hobsons utilizes features which automatically cease the operability of certain Services at the termination or expiration of such Services. ====

====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Notwithstanding any of the foregoing, in the event Customer desires to cancel the license of any software product included in the Services, the following shall apply: (i) there will be no cancellation charge in the event (A) Hobsons receives written notice of cancellation of such license from Customer (the ‘Cancellation Notice’) within seven (7) calendar days of Customer placing the order for such license and (B) the installation and / or implementation of such licensed software product has not been initiated by the time the Cancellation Notice is received by Hobsons, (ii) there will be a 50% cancellation charge (i.e., 50% of the license and implementation fee for such licensed software product) in the event (A) Hobsons receives the Cancellation Notice any time after seven (7) calendar days of Customer placing the order for such license and (B) the installation and / or implementation of such licensed software product has not been initiated by the time the Cancellation Notice is received by Hobsons, and (iii) there will be a 100% cancellation charge (i.e., 100% of the license and implementation fee for such licensed software product) in the event installation and / or implementation of such licensed software product has been initiated by the time Hobsons receives the Cancellation Notice. Except (i) as provided in the immediately preceding sentence with respect to software products only or (ii) as provided in the second sentence of this Section 4 with respect to a breach by Hobsons only, in no event shall Customer be permitted to terminate this Agreement or any Service prior to its expiration. ====
 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Early Termination: This Agreement and / or any and all Services hereunder, may be earlier terminated by Hobsons upon written notice if Customer (a) breaches any material term or condition of this Agreement and fails to remedy the breach within thirty (30) days after being given written notice thereof (provided that no remedy period shall be provided in the event Customer breaches Sections 7, 9 or 14 of this Agreement), (b) ceases to function as a going concern or to conduct operations in the normal course of business, or (c) has a petition filed by or against it under any state or federal bankruptcy or insolvency laws which petition has not been dismissed or set aside within sixty (60) days of filing. Customer may cancel any Service if Hobsons breaches any material term or condition of this Agreement and fails to remedy the breach within thirty (30) days after being given written notice thereof. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Duties Upon Termination: Upon termination or expiration of this Agreement or any Service, Customer shall cease all use of the Service(s) which is terminated or expired and shall return or destroy the same together with all copies and all documentation and related materials, and Hobsons shall have the right, at any time, to take immediate possession of the Services or utilize an automated feature for preventing further use of the Services. Termination of this Agreement or any Service shall be without prejudice to obligations of Hobsons and Customer existing at the time of termination, including but not limited to payment in full of fees and other monies then due, nor shall it prejudice those obligations and limitations which by their nature and meaning survive termination. If a Service is terminated by Customer pursuant to the second sentence of Section 4 above, Hobsons shall provide Customer with a pro rata refund of any fees pre-paid for the applicable Service but unused for the remainder of the applicable term (less any applicable costs of implementation and support incurred by Hobsons in connection with such Service). In the case of any other termination there shall be no refunds for services or products provided and all future payments for products or services provided prior to termination shall remain due and payable as agreed by Hobsons and Customer. ====
 * 2) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Services Implementation: Upon execution and delivery of the Order Forms, Hobsons will work with Customer to establish a schedule and task list for the implementation of the Services. Customer understands and acknowledges that Hobsons requires Customer’s cooperation in implementing the Services. If Customer has not fulfilled its cooperation duties and as a result, the Services cannot be performed, Customer is still responsible for paying the applicable fees and expenses described in the Order Forms. Additionally, Hobsons shall not be responsible for any delays in implementing the Services caused as a result of Customer not fulfilling its cooperation duties, and the term of any Service shall not be extended as a result of any such delay. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Permitted Use: Customer is authorized to use the Services only for the internal purposes of Customer, and only within the offices of Customer specified in the applicable Order Form(s). Only Customer’s employees may use and access the Services by and on behalf of Customer. Customer shall not otherwise use, share, copy, access or allow access to the Services. Customer’s license is non-exclusive, terminating, revocable and non-transferable, for time period specified in the applicable Order Form(s), subject to full payment by Customer. Customer shall not directly or indirectly, (a) sell, assign, lease, sublicense, disclose grant access to, or otherwise transfer the Services or any copy thereof to any other party; (b) copy the Services, modify the Services or create derivative works thereof; or (c) attempt to adapt, decipher, reverse translate, decompile, disassemble or otherwise reverse engineer, reconstruct or discover any source code or underlying ideas, algorithms, processes know-how or other related technology of the Services, unless permitted by law, in which case Customer shall give advance notice to Hobsons and an opportunity to meet Customer’s legally recognized need in other manners. ====

====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">If the Service includes an Intelliworks Service (the ‘IW Service’), the provisions in this paragraph shall apply. The IW Service may be used by the number of designated users set forth on the Order Form, and may not include any other users unless specifically permitted herein Customer agrees that the IW Service is for the sole purpose of accessing the customer relationship management solution by the aforementioned designated users. If elected, Hobsons grants to Customer the right to link to the IW Service through Customer’s website provided however that Customer shall: (a) use any data supplied through the IW Service solely in connection with use of the IW Service, (b) not download or make copies of such data for any purpose other than Customer’s internal use, (c) not use the IW Service in any manner to provide a user with access to the IW Service via any framing, layering or other techniques now known or thereafter developed that permit display of the IW Service with any materials posted by Customer or any party other than Hobsons. Customer may not allow the IW Service link to be linked to any other web site other than Customer’s own site. Hobsons is not responsible to Customer, any designated user or any other third party regarding the accuracy or validity of the data entered through the IW Service and Hobsons makes no warranty that the IW Service will be error-free or that access thereto will be uninterrupted. Upon termination of this Agreement, Customer agrees to immediately disable any embedded link(s) to the IW Service. All rights to the IW Service shall remain the property of Hobsons. Notwithstanding anything to the contrary in this Agreement, if Customer is not in compliance with the restriction on number of designated users set forth in this paragraph, such non-compliance will not be deemed to be a breach of this Agreement or give rise to any other legal claim and Hobsons’ sole and exclusive remedy for such non-compliance will be to collect additional fees from Customer for such additional user(s). Such additional fees will be calculated on a pro-rata basis based upon the fees for the IW Service. ====

====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Prior to the commencement of the Services, if set forth on an Order Form, Customer shall take possession of any Software included in the Services and which are hosted by Hobsons, in exchange for additional fees, terms and conditions to be set forth on the Order Form, so that Customer can host such Software until termination, on Customer’s own hardware per specifications provided by Hobsons. Hobsons shall not have any obligation for operability of such Software with particular hardware, payment networks, or other third party networks, or with any hardware or software environment different in any way than that hosted by Hobsons. ====
 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Intellectual Property: Customer acknowledges that, as between Customer and Hobsons, all right, title and interest in the Services, including any and all copyrights, patent rights, trade secrets, trademarks, service marks, trade names and any other statutory or common law intellectual property or other proprietary rights related to the Services are owned by Hobsons and/or Hobsons’ subsidiaries, third party licensors, suppliers or vendors. Customer shall obtain no intellectual property ownership regarding the Services and hereby assigns to Hobsons, any enhancement of the Services generated in the course of this Agreement. Customer will not, at any time, do, or omit to do, anything which is likely to prejudice Hobsons’ or any of Hobsons’ subsidiaries, third party licensors’, suppliers’ or vendors’ ownership of any intellectual property rights in the Services (or any component thereof). Customer will not remove, suppress or modify in any way any proprietary marking, including any trade mark or copyright notice, on or in the Services or on or in any component thereof. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Compliance with Law: Customer represents and warrants that any data, information, applications or other materials that Customer provides to Hobsons are owned by Customer and/or licensed for use by Customer and by Hobsons for all uses contemplated by this Agreement. Customer shall strictly adhere to any and all applicable laws, regulations or guidelines, as well as any professional or ethical codes, relating to the use of data, including, without limitation, all restrictions relating to the privacy of any personally identifiable information or other information. In the event Hobsons is requested to deliver bulk email, all email addresses are to be provided by Customer, and Customer shall have sole responsibility for determining and warrants that those email addresses are held on an ‘opt-in’ basis under which the owner of the email address has agreed to the receipt of email on behalf of Customer under applicable law. Customer shall have sole responsibility for receiving, processing and warrants that it will process within 10 days any and all removal requests received by email address owners, and will apply such requests to address lists provided to Hobsons before delivery. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Indemnification: To the extent permitted by law, and subject to the terms and limitations in this Agreement, both parties shall indemnify and hold harmless each other, and their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) relating to or arising out of (i) any third party claims based on a claim that any data, information, applications or other materials provided to either party, if any, infringe any intellectual property right of a third party or (ii) any breach of any warranty or covenant under this Agreement. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Infringement Remedy: If in Hobsons’ reasonable judgment, any Service is subject to an intellectual property infringement claim or other claim, Hobsons may, at its option, either secure for the Customer the right to continue using the relevant Service, or replace or modify the relevant Service to make it non-infringing, without incurring a material diminution in performance or function. If neither of the foregoing is, in Hobsons’ judgment, reasonably available, Hobsons may discontinue the availability of the relevant Service, and Customer shall, upon notice from Hobsons, return to Hobsons any related documentation and any copies of the relevant Service hosted by Customer, and Hobsons shall provide Customer with a pro-rata refund of the fees paid in advance by Customer in connection with any such returned Service. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Limited Warranty:Hobsons shall use commercially reasonable efforts to correct any defects in the Services it provides that can be demonstrated and duplicated by Hobsons, and Hobsons shall provide Customer with such corrections without additional charge. For all third party products or services licensed to or installed by Hobsons for Customer, Customer shall have recourse to those warranties that are provided by the third party; and to the extent permitted by the third party, Hobsons shall pass-through to Customer any and all warranty made by such third party. Hobsons represents and warrants that it will perform the Services in a timely and professional manner, in conformance with generally accepted industry standards. In the event of any breach of this warranty, Customer’s sole remedy, and Hobsons’ sole obligation, shall be for Hobsons to re-perform the non-conforming Services at no additional cost to Customer, or, failing such re-performance, to refund the fees Hobsons received from Customer, on a pro-rata basis, for such non-conforming Services. THE ABOVE ARE THE ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE SERVICES, AND HOBSONS AND ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, AND IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF HOBSONS OR ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS HAVE BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.THE SERVICES MAY INVOLVE DATA TRANSMISSION OVER THE INTERNET AND, AS SUCH, HOBSONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SIMILARLY, AS THE DATA BEING MANAGED BY HOBSONS ORIGINATES FROM CUSTOMER’S USERS, NEITHER HOBSONS NOR ANY OF ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO AGENT OF HOBSONS IS AUTHORIZED TO ALTER OR EXCEED THE REPRESENTATION AND WARRANTY OBLIGATIONS OF HOBSONS AS SET FORTH HEREIN. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">LIMITATION OF LIABILITY:THE LIABILITY OF HOBSONS, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, REGARDLESS OF THE LEGAL THEORY, OR THE DELIVERY OR NON-DELIVERY OF THE SERVICES, SHALL NOT BE GREATER THAN THE FEES ACTUALLY PAID BY CUSTOMER TO HOBSONS HEREUNDER IN CONNECTION WITH THE SERVICE AT ISSUE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH CLAIM ACCRUED. UNDER NO CIRCUMSTANCES WILL HOBSONS OR ANY OF ITS THIRD PARTY LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE SOFTWARE, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER. IN THE EVENT SUCH LIMITATIONS ARE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF HOBSONS SHALL BE $1,000.For purposes of clarification, it is understood that NO HOBSONS SUBSIDIARY shall have ANY liability for any claims made by Customer respecting the Services. Customer’s sole recourse with respect to any claims arising out of the Services shall be against HOBSONS (in accordance with, and subject to, the terms and limitations in this Agreement). ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Confidentiality: Confidential Information shall include information that is confidential, nonpublic, competitively sensitive, private and/or proprietary in nature, labeled ‘Confidential’ or ‘Proprietary’ (or similar wording), or identified orally as such, or that the party receiving the Confidential Information should otherwise reasonably construe as confidential under the circumstances. Without limitation, the Services constitute Confidential Information of Hobsons. Without limitation, any data that has been collected for or provided by Customer in connection with the Services hereunder (‘User Data’) shall be considered Confidential Information of Customer.Hobsons, on the one hand, and Customer, on the other hand, each agrees (a) not to use or disclose to any third party the Confidential Information disclosed to it by the other (‘Disclosing Party’) for any purpose other than as contemplated by this Agreement, and (b) to protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own Confidential Information, but at a minimum to use commercially reasonable efforts.Notwithstanding anything herein to the contrary, Hobsons shall be permitted to create,use, publish, transmit, store, market, promote or display any aggregated or derivative data from the User Data without restriction or obligation to Customer. ====

====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">The confidentiality obligations described above shall not apply to Confidential Information to the extent that the party receiving such Confidential Information (‘Receiving Party’) can prove through credible written evidence (a) was lawfully received by the Receiving Party from a third party free of any obligation to keep it confidential; (b) is or becomes publicly available, other than by breach of Receiving Party of its obligations to the Disclosing Party; (c) is independently developed without any reference to the Confidential Information, as evidenced by contemporaneous written records of Receiving Party; or (d) is required to be disclosed by law, regulation or court order; provided that, with respect to any of the foregoing exceptions, the Receiving Party will give the Disclosing Party prompt notice prior to disclosure of Confidential Information that is claimed to be subject to an exception. ====
 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Government Restricted Rights: This provision applies to Services acquired directly or indirectly by or on behalf of any government. The product is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any government funds. Any use, modification, reproduction, release, performance, display, or disclosure of any Service by any government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement, and no license is granted to any government requiring different terms. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Disclosure of Agreement/Use of Customer’s Name: Customer and Hobsons agree to keep the terms of this Agreement and of any future purchases of Services confidential. Customer agrees to allow Hobsons to use Customer’s name and logo for the purpose of indicating Customer is a client of Hobsons without indicating any endorsement of the Services provided. ====
 * 2) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Reseller: Hobsons is an authorized reseller of services and products of the Hobsons Subsidiaries pursuant to the terms of resale agreements between such Hobsons Subsidiaries and Hobsons. Such Hobsons Subsidiaries are intended third party beneficiaries of this Agreement. Notwithstanding anything herein to the contrary, no Hobsons Subsidiary shall have any liability or obligation to the Customer under this Agreement or in connection with the Services (defined below) and Customer’s sole recourse under this Agreement or in connection with the Services shall be against Hobsons, subject to and in accordance with the terms, provisions and limitations set forth herein. ====
 * 3) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Amendment, Modification: This Agreement may only be modified in a written amendment signed by authorized representatives of Hobsons and Customer. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Entire Agreement: This Agreement, all Order Forms and any amendments thereto contain the entire Agreement of the parties concerning the Services and supersede any prior oral or written understandings of the parties. ====
 * 2) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Notices: All notices, requests, and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, or three days after being mailed by registered or certified mail, postage prepaid, addressed to the attention of the individual(s) at the address(es) set forth on the signature page of this Agreement. Such addresses may be changed by a written notice in accordance with this Section 20. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Law: This Agreement shall be construed and enforced in accordance with and governed by the substantive laws of the State of Ohio, without reference to its conflict of law principles and without regard to the U.N. Convention of Contracts for the International Sale of Goods. Any dispute over the terms of this Agreement shall be brought in the Federal District Court for the Southern District of Ohio located in Cincinnati, Ohio or the Courts of the State of Ohio located in Cincinnati, Ohio. All parties to this Agreement hereby consent to the personal jurisdiction of those Courts. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">No Implied Waiver: No failure by any party to insist upon strict performance of any term or obligation set forth in this Agreement or to exercise any right or remedy under this Agreement, shall constitute a waiver of such term, obligation, right, or remedy. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Attorneys’ Fees: In the event either party initiates litigation to obtain payment of monetary obligations, or to enforce any other term of this Agreement, the breaching party shall be liable for all costs and reasonable attorneys’ fees incurred by the other party in connection therewith. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Independent Contractors: Hobsons and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. No party is an agent or representative of the other or is authorised to make any warranties or representations or assume or create any other obligations on behalf of the other. The Hobsons Subsidiaries are intended third party beneficiaries of this Agreement. ====
 * 2) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Severability: Should any provision of this Agreement be held invalid or unenforceable then each such provision shall be automatically reformed so as to be enforceable, or if such reformation is not possible, each such provision shall be automatically terminated. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Assignment: Neither party may assign or delegate this Agreement or any of such party’s rights or obligations under this Agreement without the prior written consent of the other parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Excusable Delay: Any delay in the performance by Hobsons of its obligations under this Agreement shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such party including, without limitation, any act of God, any fire, flood, or weather condition, any earthquake, any act of a public enemy, war, insurrection, riot, explosion, or strike. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Other Customer Parties: The parties hereto agree that Customer Affiliates (as defined below) shall be permitted to order Services under and pursuant to the terms of this Agreement. Such Customer Affiliate may purchase Services by executing an Order Form (which shall be signed by such Customer Affiliate and Hobsons in order to be effective and legally binding). Such Order Form(s) shall describe the Services being ordered by such Customer Affiliate and the fees, implementations dates, and, to the extent different from the provisions of this Agreement, delivery and/or other terms conditions related to such Service. The Order Form together with this Agreement shall be deemed to be a separate agreement between the Customer Affiliate on the one hand, and Hobsons, on the other hand, and all of the rights and obligations of Customer under this Agreement shall be deemed to be rights and obligations of such Customer Affiliate. In the event of any conflict between the terms of such an Order Form and this Agreement, the terms of such Order Form shall control with respect to the subject of such Order Form only. For purposes of this Agreement, ‘Customer Affiliate’ means any department or school in the same university system as Customer. ====


 * 1) ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Supplier Terms: Pursuant to the terms of Hobsons’ agreements with certain third party providers, the terms set forth at www.hobsons.com/qaslicense are incorporated into and made a part of this Agreement. By affixing their signatures below and intending to be bound, the duly authorized representatives of Hobsons and Customer indicate their agreement to the terms and conditions of this Agreement as of the date set forth above. ====

**<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Project Assessment. **
====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">The Hobson’s Retain technology allows the end user to track and obtain data on each system user. For instance, the system can track static and dynamic data on each user and provide reports that can help identify where additional training may be needed. Additionally, NHCC will link the Hobson’s Retain system to the Minnesota College and University Systems, Integrated Student Records System (ISRS), which updates student data and information at midnight daily. Fortunately, the dynamic data pulled from ISRS, by student services employees, will be accurate and up to date each morning. Moreover, the Hobson’s system will have an exclusive VIP student page set up that students can access any information from anywhere they have an internet connection. The VIP page will be where NHCC collects most of the individual student data. For instance, the system monitors whether students open emails, answer surveys, and categorizes overall general use. NHCC can then strategically display information on the page for each student. For instance, if a student is on academic probation, multiple links for tutoring and other student support services appear on the VIP student page, to help students improve academically. ==== ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Moreover, the summative evaluation plan will include weekly student and faculty email correspondences and surveys. The completed student and faculty surveys will allow NHCC to glean information to determine how effective the system is working. In return, the college can diagnose and determine all internal system processes and procedural changes that need to be made by using the collective picture drawn from the summative evaluations. Additionally, the Institutional Researcher will cross-reference this data with the annual campus climate survey to confirm the retention systems effectiveness. Additionally, NHCC will be able to obtain feedback from faculty by sending out daily or weekly surveys to faculty. In order to get buy-in and consistent use from faculty, NHCC will need to provide the tools and knowledge needed to utilize the system. ==== ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Finally, the formative evaluation plan’s implementation will include a pilot project in the summer, which will include five academic areas with faculty, and student groups, in identified high risk academic and technical pathways, before implementation occurs across campus. The formative evaluation results from this select group of employees, faculty, and students may serve to redefine or redirect NHCC’s retention efforts. ====

**<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Formative Evaluation: **
====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Reports for Student and Staff usage will be pulled from the Hobson’s Retain system and evaluated for consistencies and weaknesses in use and effectiveness. Data reports can be identified by selecting filters to glean specific student and faculty information, which will identify gaps in use and overall student achievement. ====

**<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Summative Evaluation: **

 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Bi-weekly survey: Student ====

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Have your grades improved since you began using your VIP page?
||
 * ====<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">Weekly survey: Faculty ====

<span style="color: #262626; font-family: Tahoma,Geneva,sans-serif; font-size: 13pt;">How often do you use the retention software to communicate with student services staff?
||