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<br />NEC <br /> <br />(b) <br /> <br />Customer agrees to permit and arrange full accessibility of the Premises for NEC's employees, agents, and subcontractors to <br />perform services and will make available a reasonable amount of secure space for storage by NEC of such items as NEC <br />deems necessary. Customer shall obtain consents or waivers from Customer's landlord, or other consents or waivers which <br />may be required, prior to installation of the System, to permit the above. Customer's failure to obtain such consents or <br />waivers shall not relieve Customer from its obligations under this Agreement. <br /> <br />8. <br /> <br />TRAINING <br /> <br />NEC, at no additional charge, shall provide its standard end-user training program and instructional materials for the <br />purchased System. <br /> <br />9. <br /> <br />WARRANTY AND MAINTENANCE SERVICE <br /> <br />(a) <br /> <br />NEC expressly warrants for a period of one (1) year from the Cutover Date that the System will operate free from defects in <br />material and workmanship and in accordance with manufacturers' specifications. Unless due to causes excluded from <br />warranty coverage in subsection (d) below, NEC agrees to repair the System or any portion thereof without charge for parts <br />and labor or shipping and handling if it or any portion of it fails to work during such period. Repair or replacement of battery <br />back-up may be covered under a separate manufacturer's warranty. <br /> <br />(b) <br /> <br />Customer's remedy under this warranty shall be exclusively limited to repair or replacement of the defective part of such <br />System or refund of the applicable part of the Purchase Price, at NEC's option. <br /> <br />(c) <br /> <br />The warranty period for any Equipment subsequently added to the System shall be co-terminous with the warranty period for <br />the System, except as provided in a writing signed by an authorized officer of NEC. <br /> <br />(d) <br /> <br />Excluded from coverage under this warranty are damage, defects, malfunctions or service failures caused by: <br /> <br />(1 ) <br /> <br />Customer's failure to provide or maintain environmental, operation or maintenance specifications which had <br />been approved by NEC at Cutover in Schedule B; <br /> <br />(2) <br /> <br />Modifications, alterations, or repairs made by anyone other than NEC or its authorized agents; <br /> <br />(3) <br /> <br />Customer's mishandling, abuse, misuse, neglect, or improper storage, servicing or operation of the System <br />including, without limitation, use with other equipment which is not compatible or does not meet <br />performance specifications published by NEC; or <br /> <br />(4) <br /> <br />Fire, flood, lightning, accident, or similar events. <br /> <br />If requested by Customer, repairs necessitated during the warranty period by any of the excluded causes shall be <br />made by NEC at NEC's standard charges for time and materials, together with shipping and handling charges <br />related to performing such repairs. <br /> <br />(e) <br /> <br />NEC may perform some repairs under this Section 9 from a remote location. Any replacements may be either new or <br />equivalent to new in operation. Parts will be furnished on an exchange basis, and any parts removed shall become the <br />property of NEC. <br /> <br />(f) <br /> <br />NEC does not warrant that the Products will prevent, and NEC will not be responsible for, unauthorized use or charges <br />resulting from such unauthorized use of the System. <br /> <br />Page 3 of 7 <br /> <br />"I <br /> <br />""----r <br />