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CUSTOMER at the RWC fiscal year hourly rate in effect at the time the Additional Services are pertormed. The <br /> hourly rate for work performed during Normal Business Hours, as defined below, is established annually by <br /> RWC for each fiscal year. A surcharge of $25 per hour will be added to the normal business hourly rate for <br /> work performed during Non-Business Hours. <br /> A. Normal Business Hours: Monday through Friday, 8:00 a.m. through 5:00 p.m. except on the <br /> following currently recognized RWC holidays (calendar dates vary depending on the year): <br /> • New Year's Day <br /> • Martin Luther King, Jr. Day <br /> • Presidents Day <br /> • Memorial Day <br /> • 4th of July <br /> • LaborDay <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 Services <br /> required and CUSTOMER may rely on such skills of RWC to do and pertorm the work. RWC will perform all <br /> the work in a professional manner. <br /> 7. LIMITATION OF LIABILITY <br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS, IN NO <br /> EVENT WILL RWC BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, LOST <br /> REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, THE COST OF <br /> PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, <br /> CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OR <br /> FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC WILL HAVE NO LIABILITY <br /> FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY IN CONNECTION WITH OR FOR <br /> RESPONDING TO EMERGENCY 911 OR OTHER EMERGENCY REFERRAL CALLS. RWC will HAVE NO <br /> RESPONSIBILITY FOR THE SERVICE QUALITY OR SERVICE OUTAGES (I) CAUSED BY OR <br /> CONTRIBUTED TO, DIRECTLY OR INDIRECTLY, BY ANY ACT OR OMISSION OF CUSTOMER AND/OR <br /> ITS AFFILIATES, AGENTS OR REPRESENTATIVES; (II) DUE TO POWER FAILURES (III) DUE TO � <br /> INTERNET OUTAGES; (III) CAUSED BY THE FAILURE OR MALFUNCTION OF NON-RWC EQUIPMENT <br /> S:\Clients\External\IT Form Agreement as of Oct 7 2 O 11 .docx 2 <br /> 081911 <br />