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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party becomes aware of asbestos, hazardous materials or concealed conditions on your Premises, such party agrees to notify the other party promptly, and it shall be your responsibility to correct all such conditions. We reserve the right to cease performing Services after notice to you if, in our reasonable judgment, our ability to perform such Services properly and safely is unduly hampered by your acts or omissions, or workplace conditions on the Premises. You acknowledge that the Products serviced here under are by no means invulnerable to network interference or to fraudulent or unauthorized calls or access, and any such charges shall be your responsibility. 6. RELOCATION OF PRODUCTS Upon ninety (90) days prior written notice, you may, at your expense, relocate and re- install the Products. If re- installation occurs within the established travel zone of one of our offices, this Periodic Services Policy will remain in effect. If re- installation of a Product(s) is beyond any such established travel zone, this Periodic Services Policy shall terminate for such Product(s) without further obligation or liability to either party, except for payments then due through the relocation date or ninety (90) days after notice, whichever is later. 7. BILLABLE SERVICE/EXCLUSION FROM SERVICE In addition to the charges set forth on Schedule A, you will be billed at our current T &M rates for service performed by us due to any of the following circumstances: a) Your failure to follow our and /or the manufacturer's maintenance or operation instructions for the Product; b) corrective action required as a result of Customer application of Software Owner provided software patches, fixes or updates prior to Black Box's validation; c) theft, strikes, riots, vandalism, acts of war, lightning, water, fire and other perils; d) work performed by persons other than our personnel or without our supervision; e) shock, corrosive atmosphere, electrical damage, accident, air conditioning or humidity control failure; D service calls necessitated by products not serviced by us; g) normal wear and tear of disposable items such as headsets, magnetic tapes, wet cell batteries, and operating media; h) service requested outside of Coverage Hours or on 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 written consent; j) any cause other than your ordinary and proper use of the Products; k) work on Customer's system resulting from the presence of a virus; 1) services required to accommodate Customer's modifications to network configuration and /or additions of non -Black Box approved or provided hardware or software; or m) backup restoration time. We reserve the right, at your expense and at our current T &M rates, to inspect any product that has not been serviced by us immediately prior to the Effective Date of this Periodic Services Policy and to require that any nonconforming product meet our and /or the original manufacturer's specifications. If you permit access to the internal components of the Products to anyone other than our employees, agents or subcontractors without our prior written permission, we may, in addition to any other remedies, cancel this Periodic Services Policy, and all future service will be provided at our then current T &M rates. Labor and materials for moves, adds and changes are not included in this Periodic Services Policy. 29