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<br />(b)
<br />
<br />If new or additional equipment is added to the System subsequent to the date of the initial installation of the System, a new
<br />service fee will be calculated, to reflect the increased scope of service and maintenance.
<br />
<br />(c)
<br />
<br />The service fee does not include federal, state or local taxes which may be applicable; such taxes will be additional billable
<br />items, which Customer agrees to pay wùess Customer provides NEC with appropriate tax exemption documentation.
<br />
<br />(d)
<br />
<br />If Customer does not make timely payment to NEC of any amount payable under this Agreement, then in addition to all the
<br />remedies available to NEC at law or equity or under other provisions of this Agreement, NEC may collect interest on the sum
<br />then owing at the rate of 1.5% per month from the due date until payment by Customer, provided, however, that in no event
<br />shall the aggregate interest charges exceed the maximum rate of interest which could be charged under applicable law.
<br />
<br />4.
<br />
<br />LIABILITIES
<br />
<br />a)
<br />
<br />NEC EXTENDS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
<br />OR FITNESS FOR A PARTICULAR PURPOSE, TO CUSTOMER FOR THE SERVICES PROVIDED BY THIS
<br />AGREEMENT.
<br />
<br />b)
<br />
<br />NEC WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL. INCIDENTAL, OR CONSEQUENTIAL DAMAGES
<br />OR FOR LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM CUSTOMER'S USE OF (OR
<br />INABILITY TO USE) OR A THIRD PARTY'S UNAUTHORIZED USE OF THE SYSTEM OR ITS COMPONENTS,
<br />EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT, OR FOR COMMERCIAL LOSS OF ANY
<br />KIND, REGARDLESS OF WHETHER NEC OR ITS SUBCONTRACTORS HAD BEEN ADVISED OF SUCH
<br />POSSIBILITY.
<br />
<br />c)
<br />
<br />IN ALL SITUATIONS INVOLVING PERFORMANCE OR NONPERFORMANCE BY NEC UNDER THIS AGREEMENT,
<br />CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS (1) TO TERMINATE THIS AGREEMENT BY WRITTEN NOTICE
<br />TO NEC, AND (2) TO RECEIVE A PRO RATA REFUND OF ANY PRE-PAID MAINTENANCE SERVICE CHARGES,
<br />LESS ANY SUMS DUE AND OWING NEC.
<br />
<br />5.
<br />
<br />EXCLUSIONS
<br />
<br />a)
<br />
<br />TIús Agreement will not cover repair work or replacement of battery back-up or expendable items such as headsets, paper,
<br />diskettes, and printer ribbons. 1ñis Agreement also will not cover service required when due to: (i) Customer's W\authorized
<br />maintenance or repair of the Equipment, (ü) Customer's W\authorized add, move or changes to the Equipment, (ill)
<br />negligence, (iv) abuse, (v) connection to inappropriate power supplies, (vi) fire, flood, wind, lightning, or other similar acts of
<br />God, (vü) failure of Customer to maintain proper environmental conditions for the System (as stated in (b) below), (vüi)
<br />improper wiring, installation, repair or alteration of the Equipment by anyone other than NEC or its agents, (ix) software
<br />changes or attempted software changes in the System by persons not authorized by NEC, or (x) data base reprogramming
<br />required because of Customer error of any kind. If requested by Customer, repairs necessitated by any of the above excluded
<br />causes shall be performed by NEC at NEe's prevailing local rates for such services and/ or materials.
<br />
<br />b)
<br />
<br />The Customer is responsible for maintaining suitable environmental conditions for the System. Suitable conditions shall
<br />include, but not limited to, the provision of proper electrical power, air conditioning, and humidity control, and other
<br />environmental requirements described in Schedule B. The presence of asbestos, other hazardous materials or unsafe
<br />conditions ("Hazardsj on the Premises shall be deemed an W\WÏtable environment for the System and NEC shall be entitled
<br />to cease performance under this Agreement until such Hazards have been cured to NEC's satisfaction. Furthermore,
<br />Customer will indemnify and hold han1Ùess NEC or its subcontractors or agents for harm caused by, or measures taken to
<br />deal with, such Hazards.
<br />
<br />6.
<br />
<br />FORCE MAJEURE
<br />
<br />If NEe's performance is prevented, delayed, or otherwise made impractical by reason of any flood, riot, fire, strike, explosion, war,
<br />governmental action, or regulation, or any other similar cause beyond the reasonable control of NEC, NEC shall be excused from
<br />such performance until the abatement of such cause(s).
<br />
<br />7.
<br />
<br />ACCESS
<br />
<br />Customer agrees to provide full accessibility to the Premises for NEe's employees to perform services and will make available to
<br />NEC a reasonable amount of secure space for storage by NEC of such repair or maintenance parts as NEC deems necessary.
<br />
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