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REV: 09-01-2021 MI <br />performed. The hourly rate for work performed during Normal Business Hours, as defined below, is <br />established annually by RWC for each fiscal year. A surcharge of $25 per hour will be added to the <br />normal business hourly rate for work performed during Non-Business Hours. <br />A. Normal Business Hours: Monday through Friday, 8:00 a.m. through 5:00 p.m. except <br />on the following currently recognized RWC holidays (calendar dates vary depending on <br />the year): <br />•New Year’s Day <br />•Martin Luther King, Jr. Day <br />•Presidents Day <br />•Memorial Day <br />•4th of July <br />•Labor Day <br />•Veterans Day <br />•Thanksgiving Day <br />•Thanksgiving Friday <br />•Christmas Eve <br />•Christmas Day <br />•New Year’s Eve <br />B. Non-Business Hours: All hours outside of Normal Business Hours, as defined above. <br />6. Reliance on Professional Skill of RWC. <br />RWC represents that it has the necessary professional skills to perform the Services and Additional <br />Services required and CUSTOMER may rely on such skills of RWC to do and perform the work. RWC <br />will perform all the work in a professional manner. <br />7. LIMITATION OF LIABILITY. <br />NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS, IN <br />NO EVENT WILL RWC BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, <br />LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, <br />THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, <br />SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE <br />PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC <br />WILL HAVE NO LIABILITY FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY IN <br />CONNECTION WITH OR FOR RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY <br />REFERRAL CALLS. RWC WILL HAVE NO RESPONSIBILITY FOR THE SERVICE QUALITY OR <br />SERVICE OUTAGES (I) CAUSED BY OR CONTRIBUTED TO, DIRECTLY OR INDIRECTLY, BY <br />ANY ACT OR OMISSION OF CUSTOMER AND/OR ITS AFFILIATES, AGENTS OR <br />REPRESENTATIVES; (II) DUE TO POWER FAILURES (III) DUE TO INTERNET OUTAGES; (III) <br />CAUSED BY THE FAILURE OR MALFUNCTION OF NON-RWC EQUIPMENT OR SYSTEMS; OR <br />ATTY/AGR.2021.128/Redwood City IT (Page 2 of 7)