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(b) 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 ino'eased scope of service and maintenance.
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<br /> (c) The service fee does not include federal, state or local taxes which may be applicable; such taxes will be additional billable
<br /> items, whid~ Customer agrees to pay unless Customer provides NEC with appropriate tax exemption documentation.
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<br /> (d) 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 qr 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 maximrun rate of interest which could be charged under applicable law.
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<br />4. LIABILITIES
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<br />a) 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.
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<br />b) 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) 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.
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<br />$. EXCLUSIONS
<br />
<br />a) This Agreement will not cover repair work or replacement of battery back-up or expendable items such as headsets, paper,
<br /> diskettes, and printer ribbons. This Agreement also will not cover service requited when due to: (i) Customer's unauthorized
<br /> maintenance or repair of the Equipment, (ii) Customer's unauthorized add, move or changes to the Equipment, (iii)
<br /> negligence, (iv) abuse, (v) co~ection to inappropriate power supplies, (vi) fire, flood, wind, lighti'ting, or other similar acts of
<br /> God, (vi0 failure of Customer to maintain proper enviro~unental conditions for the System (as stated in (b) below), (viii)
<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 NEC's prevailing local rates for such services and/or materials.
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<br />b) The Customer is responsible for maintah~g 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 /> enviromnental requirements described in Schedule B. The presence of asbestos, other hazardous materials or unsafe
<br /> conditions ('Hazards") on the Premises shall be deemed an unsuitable 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 harmless NEC or its subcontractors or agents for harm caused by, or measures taken to
<br /> deal with, such Hazards.
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<br />6. FORCE MAJEURE
<br />
<br />If NEC'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 sl~ull be excused from
<br />such performance until the abatement of such cause(s).
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<br />7. ACCESS
<br />
<br />Customer agrees to provide full accessibility to the Premises for NEC'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 maiutenance parts as NEC deems necessary.
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