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<br />Customer will ensure that all environmental conditions as outline.. by the manufacturer and <br />Schedule B will be in effect for the term of this Agreement. These conditions include an air-conditioned <br />environment with a temperature range of 65 - 75 degrees F, and fixed electrical grounding. In the event <br />that repairs or recuning repairs to the System are required as a result of the loss of said environmental <br />conditions, Customer agrees to pay for such maintenance service and parts at NEe's then current rates. <br /> <br />...... <br /> <br />7. UNAUTHORIZED WORK. Customer will not permit its agents, employees, or third parties <br />to attempt any repairs, maintenance, additions, deletions, or changes to the System, nor couple the <br />System to any equipment not approved by NEC; however, software changes may be performed by <br />Customer, provided Customer's employee has been trained and certified by NEC to perform such <br />software changes. <br /> <br />If at any time during the period hereof, service is performed to the System by anyone other than NEC, or <br />if the System is removed from the premises without NEC's supervision and consent, then at the option <br />of NEC, this Agreement shall immediately become null and void. <br /> <br />8. UMITATION OF LIABILITY. NEC shall not be liable for any loss or injury to Customer or <br />any other person arising from the use of the System unless caused by NEC's gross negligence or willful <br />misconduct. In the event of NEC's substantial failure to perform its obligations under this Agreement, <br />the Customer's sole remedy shall be to terminate this Agreement. Under no circumstance shall NEC be <br />liable for any loss of business, revenue or good will, or indirect, consequential or special damages of any <br />kind arising from its failure to perform under this Agreement. <br /> <br />9. FORCE MAJEURE. Performance of any obligation hereunder by NEC will be excused if <br />prevented by acts of God, or the public enemy, fire or other casualty, labor disputes, or, without limiting <br />the foregOing, any circumstances beyond its control. <br /> <br />10. ASSIGNMENT. This contract shall not be assignable without the written consent ofNEC. <br /> <br />11. SEPARABILITY. If any provision of this Agreement, or any portion thereof, shall be deemed <br />invalid or unenforceable, such invalid or unenforceable provision shall be deemed separate from the <br />balance of this Agreement and all remaining provisions shall remain in full force and effect as if the <br />invalid or unenforceable provision or portion were not included in this Agreement. <br /> <br />12. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in <br />accordance with, the laws of the State of California. <br /> <br />13. MISCELLANEOUS. Customer agrees to report any conditions requiring service or correction <br />and to grant free access to the location of the System to ~C or its representative. <br /> <br />14. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the <br />parties and there are no understandings, representations, or warranties of any kind, e."'Cpressed or <br />implied, not set forth herein. No modification shall be effective unless in writing and signed by the <br />parties. No provisions shall be deemed waived because of failure to insist upon strict performance <br />thereof. <br /> <br />IN WITNESS WHEREOF, the undersigned have duly executed this Agreement, this <br />,19_. <br /> <br />day of <br /> <br />NEC BUSINESS COMMUNICATION <br />SYSTEMS (WES1), INC. <br /> <br />CUSTOMER: <br /> <br />By: <br />Title: <br />Print Name: <br />Date: <br /> <br />By: <br />Title: <br />Print Name <br />Date: <br /> <br />11-187 <br />