Agmt98 NEC Business Communicati - Laserfiche WebLink

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NEC Customer may, upon payment to NEC of an appropriate deposit, assign its rights to purchase under this Agreement to a third party lease financing organization ("Lessor") on terms and with documentation which are acceptable to NEC. Any such lease documentation shall include the agreement of either Customer or Lessor to make progress payments to NEC according to the above payment schedule prior to the Lessor's purchase of the System. NEC will credit the deposit and the progress payments against the System price paid by Lessor. All payments shall be due upon performance as detailed above. All payments will be subject to a late payment service charge of 1.5% per month on payments in arrears for more than ten (10) days from performance as detailed above, or the maximum amount permitted by applicable law (whichever is less). 4. CHANGES Prior to Cutover of the System, Customer may make additions, deletions, and other changes to the System specified in this Agreement, if such change(s) are agreed upon in a written change order by an authorized representative of Customer and an authorized officer of NEC. Any such change to the System may necessitate revisions in completion dates, the System Price, or unit prices stated in this Agreement, which revisions shall be specified in the change order. In case of deletions, NEC may charge Customer a restocking fee, as applicable. 5. SCHEDULING The Cutover Date is the date the switching equipment is connected to the public telephone network, activated and providing basic telephone service to place and receive telephone calls, substantially in accordance with manufacturer's published specifications. Omissions or variances in switching equipment performance which do not materially impair the basic telephone service of the switching equipment shall not affect the Cutover Date. The anticipated Cutover Date is ,19 98 6. ACCEPTANCE The System shall be "accepted" for purposes of this Agreement, as of the thirtieth (30th) day after System Cutover, unless Customer gives NEC written notice prior to the Acceptance Date detailing how the System does not conform to Section 5 hereof. 7. CUSTOMER'S OBLIGATIONS PRIOR TO INSTALLATION (a) Customer shall supply, at its sole cost and expense, an environment for the System meeting the Installation Specifications set forth in Schedule B attached hereto and made part hereof, together with all supplemental equipment, cable access and concealment, and electrical and telecommunications connections necessary for installation of the System. NEC will not install the System until Customer's preparations are complete. Customer agrees to notify NEC within one (1) week of the scheduled work commencement date if it is unable to prepare the Premises by the scheduled date of delivery. Further, Customer shall notify NEC at least one (1) week prior to commencement of cabling as to the existence of any unusual or unsafe conditions on or around the Premises including but not limited to structural peculiarities of the Premises or the presence of asbestos or other hazardous materials. Existence of any such unusual conditions shall be ground for NEC to increase the System price, or in the alternative, to terminate this Agreement and exercise any of the remedies under Section 14 hereof. In addition, if NEC discovers any such unusual conditions after commencement of work without having received prior notification from Customer, then Customer shall indemnify and hold harmless NEC, its employees, its agents, and subcontractors against any costs necessitated by or damages directly or indirectly attributable to such unusual conditions. Page 2 of 7 I ì