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30.6. Terr ' -"- ' '"` ` y other provision in this Agreement, liens and encumbrances(subject to Section 31.7),except that any
<br /> the Wireles�6.1.D. - Page 38 inder this Section 30: "Software"(as defined in Section 31.8)will not be sold to you outright but
<br /> a. Immediately upon termination of the Agreement between us(or our instead will be provided to you pursuant to,and subject to the conditions
<br /> affiliates)and Vendor(s),provided that we will notify you promptly of Section 31.8 of this Agreement.You shall pay the purchase price
<br /> upon our notice or knowledge of termination of such Agreement, specified for the Purchased Equipment and the related software license(s),
<br /> provided further that if Vendor(s)loses its authority to operate less including all applicable tax,prior to the effective date of the Equipment
<br /> than all of the Wireless Services or if the suspension of any authority or Agreement or at our option,such amounts will be collected by us by debits
<br /> non-renewal of any license relates to less than all of the Wireless or deductions pursuant to Section 31.5.We will provide you supplies as
<br /> Services,then these Wireless ServicesTerms will terminate only as to requested by you from time to time.You shall pay the purchase price for
<br /> the portion of the Wireless Services affected by such loss of authority, such supplies,plus shipping and handling charges,including all applicable
<br /> suspension or non-renewal;or tax,prior to delivery of the supplies or upon invoice,as specified by us,or
<br /> b. Immediately if either we or our affiliates or Vendor(s)are prevented at our option,such amounts will be collected by us by debits or
<br /> from providing the Wireless Services by any law,regulation, deductions pursuant to Section 31.5.If inerchant owned equipment
<br /> requirement,ruling or notice issued in any form whatsoever by judicial becomes inoperable,we will provide a replacement based on inventory
<br /> or governmental authority(including without limitation the FCC). availability for a fee. If a like for like replacement is not available,you will
<br /> be required to upgrade your merchant owned equipment. You should
<br /> 30.7. Effect ofTermination. Upon termination of these Wireless contact the POS Help Deskto order replacement equipment.
<br /> ServicesTerms for any reason,you will immediately pay to us all fees due
<br /> and owing to us hereunder.If these Wireless Services Terms terminate due 31.2. Rental Equipment. We agree to rent to you and you agree to
<br /> to a termination of the Agreement between us or our affiliates and accept and rent from us the Equipment identified in the Merchant Agree-
<br /> Vendor(s),then we may,in our sole discretion,continue to provide the ment as being rented to you(the"Rental Equipment"),according to the
<br /> Wireless Services through Vendor(s)to you for a period of time to be terms and conditions of this Section 31.In addition,any rental equipment
<br /> determined as long as you continue to make timely payment of fees due ordered by you during the term of the Merchant Agreement shall also be
<br /> under these Wireless ServicesTerms. governed by the terms of this Equipment Agreement.
<br /> 30.8. Third Party Beneficiaries. Our affiliates and Vendor(s)are third 31.3. Effective Date and Term of Equipment Agreement. This
<br /> party beneficiaries of these Wireless ServicesTerms and may enforce its Equipment Agreement shall become effective on the first date you
<br /> provisions as if a party hereto. receive any piece of Equipment covered by this Equipment Agreement.
<br /> 30.9. Other Applicable Provisions. You also agree to be bound by all This Equipment Agreement will remain in effect until all of your obligations
<br /> other terms and conditions of this Agreement. and all of our obligations under this Equipment Agreement have been
<br /> satisfied.We will deliver the Equipment to the site designated by you.You
<br /> 30.10.Disclaimer. Wireless Services use radio transmissions,so Wireless shall be deemed to have accepted each piece of Equipment at the earlier
<br /> Services can't be provided unless your Wireless Equipment is in the range of:(a)your actual acceptance after installation,(b)delivery to you if your
<br /> of one of the available Wireless Networks'transmission sites and there is site is not prepared and ready for installation,or(c)for Equipment that we
<br /> sufficient network capacity available at that moment.There are places, have not agreed to install for you,seven(7)days after shipment of each
<br /> particularly in remote areas,with no service at all.Weather,topography, such piece of Equipment.The rental period with respect to each piece of
<br /> buildings,your Wireless Equipment,and other conditions that we do not Rental Equipment shall commence on the date such Equipment is deemed
<br /> control may also cause failed transmissions or other problems. accepted and shall terminate at the scheduled termination date(but not
<br /> PROCESSOR,BANK,AND VENDOR(S)DISCLAIM ALL REPRESENTATIONS upon any early termination)of your Merchant Agreement and/or any other
<br /> AND WARRANTIES RELATING TO WIRELESS SERVICES.WE CANNOT agreement then in effect with us for Card services.The provisions of this
<br /> PROMISE UNINTERRUPTED OR ERROR FREE WIRELESS SERVICE AND DO Equipment Agreement shall survive the termination or expiration of the
<br /> NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. Merchant Agreement and continue until all equipment rented from us is
<br /> returned or paid for.
<br /> This Section 31 governs any equipment that is rented to you on a month 31.4. Site Preparation.Installation&Maintenance. You will prepare
<br /> to month basis or that is sold to you by us,or that is or has been provided the installation site(s)for the Equipment,including but not limited to
<br /> to you by a third party(to the extent expressly stated herein).If your the power supply circuits and phone lines,in conformance with the
<br /> Application or other documents reflect that your equipment is leased, manufacturer's and our specifications and will make the site(s)available
<br /> then the provisions of your lease are governed by Section 31 in the to us by the confirmed shipping date.
<br /> Equipment Lease Agreement.Equipment rented to or purchased by you . Upon request,you must allow us(or our agents)reasonable access to
<br /> under this Section 31 is referred to in this section as the"Equipment" the premises where authorization terminals or other communications
<br /> THE EQUIPMENT IS NOT BEING SOLD OR RENTED TO YOU FOR HOME OR equipment(e.g.,printers)are or will be located.
<br /> PERSONAL USE.Sales and rentals of equipment are made by Processor,
<br /> , • Any alterations required for installation of authorization terminal(s)or
<br /> and for purposes of this section the words"we;"'our;and"us"refer only to
<br /> Processor and not to Bank.The Agreement between Processor and you as other communications equipment will be done at your expense.
<br /> set forth in this section is referred to as the"Equipment Agreement;'and • Only we or our agents can alter or modify authorization terminal(s)or
<br /> the full Agreement of which the Equipment Agreement is a part is other communications Equipment owned by us.
<br /> referred to as the"Merchant Agreement:' • If a terminal or printer appears to be defective,you must immediately
<br /> YOU ACKNOWLEDGETHATTHE EQUIPMENTAND/OR SOFTWAREYOU call the POS Help Desk.
<br /> PURCHASED OR RENT FROM US MAY NOT BE COMPATIBLE WITH ANOTHER , You are responsible for safeguarding authorization terminals or other
<br /> PROCESSOR'S SYSTEMS.WE DO NOT HAVE ANY OBLIGATION TO MAKE Equipment from loss,damage,unauthorized use,misuse or theft.We
<br /> SUCH SOFTWARE AND/OR EQUIPMENT COMPATIBLE WITH ANY OTHER
<br /> PROCESSING SYSTEMS.INTHE EVENTTHATYOU ELECTTO USE ANOTHER should be notified immediately regarding any damage to or loss of
<br /> PROCESSING SERVICE PROVIDER UPON THETERMINATION OF THIS communications equipment.
<br /> AGREEMENT,YOU ACKNOWLEDGE THATYOU MAY NOT BE ABLE TO USE • If necessary,we will assist you in obtaining replacement Equipment.If
<br /> THE EQUIPMENT AND/OR SOFTWARE RENTED OR PURCHASED UNDER you fail to return any defective Equipment,you may be responsible for
<br /> THIS AGREEMENT its replacement value and for any legal and/or collection costs incurred
<br /> 31.1.Purchased Equipment;Supplies. We will sell to you,and you will by the Equipment owner in connection with recovering Equipment.
<br /> buy from us the Equipment identified in the Merchant Agreement as • You are responsible for keeping all communication Equipment free of
<br /> being purchased by you(the"Purchased Equipment"),free and clear of all any claims,liens and legal processes initiated by creditors.
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