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Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services
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Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services
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1/22/2015 3:40:28 PM
Creation date
1/9/2014 1:25:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-05
Date
1/7/2014
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As a precondition to our duty to provide Warranty Services, you agree to provide and maintain the Premises in compliance <br />with all applicable laws and regulations and according to the environmental specifications established by us and /or the manufacturer. <br />If either party becomes aware of asbestos, hazardous materials or concealed conditions on your Premises, such party agrees to <br />notify the other party promptly, and it shall be your responsibility to correct all such conditions. <br />We reserve the right to cease performing service after notice to you if, in our reasonable judgment, our ability to perform such <br />service properly and safely is unduly hampered by your acts or omissions, or workplace conditions on the Premises. <br />6. RELOCATION OF PRODUCTS <br />Upon ninety (90) days prior written notice, you may, at your expense, relocate and re- install the Products. If re- installation occurs <br />within the established travel zone of one of our offices, this Warranty Services Policy will remain in effect. If re- installation of a <br />Product(s) is beyond any such established travel zone, this Warranty Service Policy for such Products(s) shall become void, at our <br />option. <br />7. BILLABLE SERVICE/EXCLUSION FROM WARRANTY SERVICE <br />We will bill you at our current T &M rates for service performed by us due to any of the following circumstances: <br />a) Your failure to follow our and /or the manufacturer's maintenance or operation instructions for the Product; b) corrective <br />action required as a result of Customer application of Software Owner provided software patches, fixes or updates prior to Black <br />Box's validation; c) theft, strikes, riots, vandalism, acts of war, lightning, water, fire and other perils; d) work performed by persons <br />other than our personnel or without our supervision; e) shock, corrosive atmosphere, electrical damage, accident, air conditioning or <br />humidity control failure; f) service calls necessitated by products not serviced by us; g) normal wear and tear of disposable items <br />such as headsets, magnetic tapes, wet cell batteries, and operating media; h) service requested outside of Coverage Hours or on <br />an expedited basis; i) time required to identify or isolate a problem due to a patch, alteration or repair made by you without our prior <br />written consent; j) any cause other than your ordinary and proper use of the Products; k) work on Customer's system resulting from <br />the presence of a virus; 1) services required to accommodate Customer's modifications to network configuration and /or additions of <br />non -Black Box approved or provided hardware or software; or m) backup restoration time. <br />If you permit access to the internal components of the Products to anyone other than our employees, agents or <br />subcontractors without our prior written permission, we may, in addition to any other remedies, at our option and with prior notice, cancel <br />this Warranty Services Policy and all future service will be provided at our then current T &M rates. <br />Labor and materials for moves, adds and changes are not included in this Warranty Services Policy. <br />27 <br />
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