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<br /> of Maintenance Service and must be the same consecutive hours owned by IBM, under warranty from IBM
<br /> each day. The Optional Period on Saturday or Sunday must be the IBM maintenance agreement: and . ()t
<br /> same consecutive hours on all Saturdays or Sundays. The g) conversion from one IBM model to another Or t\\'.
<br /> Customer may select or change Optional Periods of Maintenance lation or removal of an IBM feature whenever any 6\~
<br /> Service upon 15 days' written notice to IBM. activities was perfor~ed by other than IBM excep~~
<br /> ENGINEERING CHANGES this subsection (g) will apply only during the first th~~
<br /> months of service under this Aweement subsequent te
<br /> Engineering changes, determined applicable by IBM, will be the date of such Machine modi iciation;
<br /> controlled and installed by IBM. The Customer may, by providing 2) Repair of Machine damage, replacement of maintenance
<br /> notice subject to written confirmation by IBM, elect to have only parts (due to other than normal wear) or repetitive service
<br /> mandatory changes, as determined by IBM, installed on Machines calls caused by the use of supplies:
<br /> so designated. 3) Service for accessories:
<br /> 4) Inspection of altered Machines:
<br /> CHARGES 5) Replacement or addition of parts and increase in servi
<br /> The Customer agrees to pay maintenance charges, com- time associated with the installation by IBM of an en"
<br /> mencing on the Effective Date, consisting of 1) a Minimum neerlng change when such parts and service are required
<br /> Maintenance Charge, and 2) Additional Maintenance Charges, if due to the conversion from one IBM model to another or the
<br /> applicable. Additional Maintenance Charges will be for a) Op- installation or removal of an IBM feature whenever any of
<br /> tional Periods of Maintenance Service selected by the Customer, these activities was performed by other than IBM;
<br /> based on the Machine Group and determined by multiplying the 6) Rearrangement or relocation of Machines and provision of
<br /> Minimum Maintenance Charge for the Machine by the applicable necessary materials:
<br /> Percentages for the Optional Periods of Maintenance Service 7) Replacement of a part not furnished for the Machine by IBM
<br /> shown in the Supplement, and/or b) the amount of processing (except when such part is in an alteration) with a directly
<br /> performed by Usage Plan Machines, as measured by an IBM interchangeable IBM maintenance part, and any increase in
<br /> meter, multiplied by the Additional Maintenance Charge Rate(s) service time associated with such activity; and
<br /> shown in the Supplement. 8) Repair of a Machine caused by non-IBM representatives per-
<br /> The Customer agrees to promptly submit to IBM the meter forming maintenance or repair of such Machine.
<br /> reading for each Usage Plan Machine as of the close of the last EXCLUSIONS
<br /> work day of the period to which the Minimum Maintenance Services provided by IBM under this Agreement do not include
<br /> Charge applies. The Customer agrees not to interfere with the 1) furnishing supplies, painting or refinishing the Machi nes or
<br /> proper operation of the meter. furnishing matenal therefor, 2) electrical work external to the
<br /> There will be no additional charge for travel expense associated Machines or installation, maintenance or removal of alterations.
<br /> with maintenance service provided during the Periods of Main- attachments or other devices not furnished by IBM and 3) such
<br /> tenance Service, except that actual travel expense will be charged service which is impractical for IBM to render because of
<br /> when the site at which the machine is located is 1) within the alterations in, or attachments to. the Machines.
<br /> contiguous States and is normally inaccessible by both private
<br /> automobile and scheduled public transportation, or 2) outside the TAXES
<br /> contiguous States and is normally inaccessible by private auto- In addition to the charges due under this Agreement, the
<br /> {Tlobile. Customer agrees to pay amounts equal to any taxes resulting
<br /> The Customer agrees to pay for maintenance service. including from this Agreement. or any activities hereunder. except for taxes
<br /> travel and waiting time, provided by IBM outside the Periods of based upon IBM's net income
<br /> Maintenance Service at IBM's then applicable hourly service rates INVOICING
<br /> and minimum charges, and travel expense: however, there will be
<br /> no additional charge for maintenance parts. The Minimum Maintenance Charge and the Additional Main-
<br /> Changes in a Machine's specifications may result In adjust- tenance Charge for Optional Periods will be Invoiced In advance,
<br /> ments to the maintenance charges. monthly. quarterly or annually as shown In the Supplemer
<br /> Minimum and Additional Maintenance Charges are subject to Monthly charges will be invoiced as of the first of each month an
<br /> change by IBM upon three months' written notice to the Customer will be prorated on the basis of a 3D-day month. The Addition,
<br /> and will become effective on the date specified in the notice unless Maintenance Charge for usage will be invoiced following tt-
<br /> the Customer withdraws the affected Machine from this Agree- period in which it is Incurred. All other charges will be invoiced
<br /> ment as provided in the Sectionentitied "Withdrawal/Termina- when or after they are incurred.
<br /> tion," except that Charges invoiced quarterly or annually are PA YMENT
<br /> subject to change by IBM upon commencement of service and on The Customer will remit payment to IBM within 3D days after the
<br /> the first day of each quarterly or annual invoice period, upon three date of invoice The Customer will receive a partial credit of
<br /> months' written notice to the Customer. IBM's hourly service rates maintenance charges invoiced upon the withdrawal of Machines
<br /> and minimum charges are subject to change by IBM without or termination of this Agreement prior to the expiration of the
<br /> notice. period for which the invoice applies.
<br /> SERVICES FOR ADDITIONAL CHARGE WITHDRA WAL/TERMINA TION
<br /> The services, including travel and waiting time, described in this The Customer may withdraw a Machine from this Agreement
<br /> Section. if available, will be provided by IBM under this Agreement upon one month's written notice to IBM a) after the Machine has
<br /> at IBM's then applicable hourly service rates and minimum been under this Agreement for at least six months. b) after the
<br /> charges, parts and mateñal prices and travel expense, unless such Machine has been under this Agreement for at least one month,
<br /> services are provided under another written agreement signed by provided it has been removed from the Customer's location or c)
<br /> the Customer and IBM. The following services are not considered on the effective date of an increase in the Minimum Maintenance
<br /> maintenance service as described in the Section entitled "Main- Charge or Additional Maintenance Charges.
<br /> tenance Service": IBM may withdraw a Machine from this Agreement upon three
<br /> 1) Repair of Machine damage, replacement of maintenance months' written notice to the Customer one year or more after
<br /> parts or increase in service time caused by- maintenance service for each such Machine has commenced, but
<br /> a) failure to continually provide a suitable environment pre- not prior to the end of the period for which IBM has submitted an
<br /> scribed by IBM including adequate space, electrical invoice to the Customer for servIce under this Agreement for such
<br /> power, air conditioning and humidity control; Machines.
<br /> b) neglect: misuse, including use of the Machines for pur- IBM may withdraw a Machine from this Agreement upon one
<br /> poses other than for which designed; month's written notice to the Customer following any repetition of
<br /> c) accident: disaster, including water, wind and lightning; the need for additional repair of such Machine caused by non-IBM
<br /> transportation: vandalism or burglary of Machines de- maintenance activity, as described in item (8) of the Section
<br /> signed to contain funds: entitled "Services for Additional Charge."
<br /> d) alterations, including any deviation from IBM's Machine Either party may withdraw Machines or terminate this Agree-
<br /> design; ment at any time by written notice forfailure of the otherto comply
<br /> e) attachments, including any interconnection to the Mach- with any of its terms and conditions.
<br /> ine of non-IBM equipment and devices not supplied This Agreement may be terminated by either party, upon on,
<br /> by IBM; month's written notice, following withdrawal of all Machines ani
<br /> f) IBM Machines, except those IBM Machines which are flJlfiliment of all obligations hereunder.
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