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Customer will ensure mat all environmental conditions as outlined by the manufactUrer and Schedule B will be in effect for the term of this Agreement. These conditions include an air-conditioned environment wim a temperature range of 65 - 75 degrees F, and fIXed electrical grounding. III the event that repairs or recurring repairs to the System are required as a result of the loss of said environmental conditions, Customer agrees to pay for such maintenance service and parts at NEC's then current rates. 7. UNAUTHORIZED WORK. Customer will not permit its agents, employees, or third parties to attempt any repairs, maintemmce, additions, deletions, or changes to me System, nor couple the System to any equipment not approved by NEC; however, software changes may be performed by Customer, provided Customer's employee has been trained and certified by NEC to perform such software changes. If at any time during the period hereof, service is performed to me System by anyone other than NEC, or if the System is removed from the premises wimout NEe's supervision and consent, men at the option of NEC, tlús Agreement shall immediately become null and void. 8. LIMITATION OF LIABILITY. NEC shall not be liable for any loss or injury to Customer or any other person arising [Tom the use of the System unless caused by NEC's gross negligence or willful misconduct In me event of NEC's substantial failure to perform its obligations under this Agreement, the Customer's sale remedy shall be to terminate this Agreement. Under no circumstance shall NEC be liable for any loss of business, revenue or good will, or indirect, consequential or special damages of any kind arising from its failure to perform under this Agreement. 9. FORCE MAJEURE. Performance of any obligation hereunder by NEC will be excused if prevented by acts of God, or the public enemy, fire or other casualty, labor disputes, or, without limiting the foregoing, any circwnstances beyond its control. 10. ASSIGNMENT. This contract shall not be assignable without the written consent of NEC. 11. SEPARABILITY. If any provision of this Agreement, or any portion thereof, shall be deemed invalid or unenforceable, such invalid or unenforceable provision shall be deemed separate from the balance of this Agreement and all remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision or portion were not included in this Agreement 12. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with, the --' laws of the State of California. 13. MISCELLANEOUS. Customer agrees to report any conditions requiring service or correction and to grant free acce~.; to me location of the System to NEC or its representative. 14. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the pàrties and there are no understandings, representations, or warranties of any kind, expressed or implied, not set forth herein. No modification shall be effective unless in writing and signed by the parties. No provisions shall be deemed waived because of failure to insist upon strict performance mereof. IN WITNES S WHEREOF, the undersigned have duly executed this Agreement, this ,19_. day of NBC BUSINESS COMMUNICATION SYSTEMS (WEST), INC. CUSTOMER: By: Title: By: Title: Print Name: Date: Print Name Date: .-T-T