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nance service for the Products covered by such Service Agreement will cease although Customer shall remain responsible for
<br /> payment for charges incurred prior to the date such agreement was superseded.
<br /> 3.5 The term of Maintenance Service coverage for Add-Ons and/or Expansion Products added to a System shall be coterminous
<br /> with the term of coverage of such System.
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<br />4. CHARGES, INVOICES & PAYMENTS:
<br /> 4.1 Monthly Maintenance Charges are applicable to Products installed at the location specified on the Product Schedule and are
<br /> subject to change in the event the Products are moved to a new location which is more than 100 miles from the nearest
<br /> Computervision designated Service Center.
<br />
<br /> 4.2 Monthly Maintenance Charges will be invoiced in advance each month that a Service Agreement is in effect and will be
<br /> payable by Customer on or before the last day of the month to which the invoice applies. Charges for Maintenance Service
<br /> covering less than one month shall be prorated at the rate of 1/30 of the monthly charges for each calendar day of
<br /> Maintenance Service.
<br />
<br /> 4.3 Computervision may change the Monthly Maintenance Charges effective at the end of the Initial Term of any Service
<br /> Agreement, or at any time thereafter by giving Customer written notice at least thirty (30) days prior to the effective date of
<br /> such change. Customer may terminate a Service Agreement by giving Computervision written notice to that effect prior to the
<br /> effective date of a price increase; otherwise such changes shall become effective and shall apply as of the effective date spec-
<br /> ified in Computervision's notice.
<br />
<br /> 4.4 Any other charges will be invoiced to Customer as incurred but not without prior approval and will be due and payable upon
<br /> Customer's receipt of invoice. Such other charges may include, but are not limited to, (i) time (including certain minimum
<br /> charges), material, and travel charges in the event the Maintenance Service is performed outside Service Hours applicable to
<br /> the Service Agreement, for service not included under the Maintenance Service chosen by the Customer, or for service re-
<br /> quired for other than normal wear and tear of the Products, or due to modification of a Product by Customer, and (ii) travel
<br /> premium where the Customer site is more than 100 miles from the nearest Computervision Service Center.
<br />
<br /> 4.5 The Monthly Maintenance Charges and other applicable charges are exclusive of taxes. Customer will pay, or reimburse
<br /> Computervision, for all taxes imposed on Customer or Computervision arising out of this Agreement, except for tax based on
<br /> Computervision's income.
<br />
<br />5, CUSTOMER'S RESPONSIBILITIES:
<br /> Customer accepts the following responsibilities as conditions to Computervision's obligations to perform Maintenance Service:
<br />
<br /> 5.1 Customer shall provide free of charge for the use of Computervision Customer Service personnel, full and free access, ade-
<br /> quate storage space for spare parts, tools, test and maintenance equipment, working space, heat, light, ventilation, a healthy
<br /> and safe work environment, electrical current and outlets. A Customer representative shall be present on site at all times dur-
<br /> ing which services are provided by Computervision hereunder. All spare parts until incorporated into the Products, all dam-
<br /> aged parts after replacement by Computervision, all test and maintenance equipment and special diagnostic software, tools
<br /> and maintenance documentation will remain the property of Computervision and may be removed by Computervision at any
<br /> time. Customer bears the risk of loss for all spare parts and tools stored at Customer's site.
<br />
<br /> 5.2 Customer shall make available to Computervision, at no charge, adequate data communications facilities, remote access, and
<br /> telephone and modem connections as Computervision shall reasonably determine, and at least one compatible modem for
<br /> the System, to allow the execution of remote diagnostics.
<br />
<br /> 5.3 Customer shall not make, modify, or attempt to make repairs or modifications, or perform maintenance or cause repairs to be
<br /> made, or have maintenance performed by third parties on the Products during the term of the Service Agreement except as
<br /> specified herein or as may be approved in advance and in writing by Computervision. If in the opinion of Computervision, any
<br /> unauthorized modifications, additions, adjustments to, or repair of the Products adversely affect Computervision's ability to
<br /> render Maintenance Service on the Products, Computervision reserves the right to terminate the Service Agreement immedi-
<br /> ately upon written notice to Customer.
<br />
<br /> 5.4Customer shall provide and maintain the site environment according to the site specifications established by Computervision
<br /> or agreed to by Computervision.
<br />
<br /> 5.5Customer agrees not to move, or permit to be moved, the Products covered by this Agreement without Computervision's
<br /> prior written consent, except as may be outlined in a particular Service Offering.
<br />
<br /> 5.6 Customer shall perform general "housekeeping" services as directed by Computervision including, but not limited to, clean-
<br /> ing of magnetic tape heads, air filters and vacuum chambers, and providing and replacing removable magnetic media, printer
<br /> and typewriter ribbons, printer chain trains, toner cartridges and printer bands and paper.
<br />
<br /> 5.7 Customer agrees to perform certain duties and services as may be reasonably directed by Computervision in response to
<br /> Customer telephone support requests such as, but not limited to, System restarts, recording of error information, running
<br /> Customer executable diagnostic tests, if any, and running operational readiness tasks. Customer agrees to copy or back-up
<br /> programs and data files prior to executing any data entry commands given by Computervision or prior to running any diag-
<br /> nostic routines directed by Computervision. Customer will allow Computervision to keep System diagnostic programs resi-
<br /> dent on Customer Equipment during the term of any Service Agreement for the exclusive purpose of providing diagnostics.
<br /> Customer acknowledges that Customer has no ownership interest in this diagnostic software, that Customer must use such
<br /> diagnostic software in accordance with the software license provisions governing Customer's use of the Operating System
<br /> Softvvare for the System, and that Computervision will remove these diagnostics upon termination of the Service Agreement.
<br /> All Customer personnel assigned to perform hereunder on behalf of Customer will be (i) knowledgeable in the areas in which
<br /> they are assigned and (ii) responsive to Computervision requests for Customer information relating to Computervision's per-
<br /> formance, Customer programs, files, general and specific business requirements, documentation requirements and
<br /> Customer operating procedure. Customer is responsibie for determining and controlling the access and performance hereun-
<br /> der by its employees.
<br />
<br /> 100.1-3
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