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<br /> CHARGES Either party may withdraw any or all machines from this Agreement at
<br /> For each machine, the Customer agrees to pay a Maintenance Charge any time by providing written notice for failure of the other to comply
<br /> Ir the period of time specified (Period) and for each successive Period with any of these terms and conditions.
<br /> hile the machine is under this Agreement.
<br /> or usage plan machines, the Customer agrees to pay an Additional SERVICES NOT INCLUDED IN MAINTENANCE CHARGE
<br /> ,aintenance Charge for the Units of Usage per Period, as measured The services listed in this section, if available and practical for IBM to
<br /> by an IBM meter, multiplied by the applicable Additional Maintenance render, will be provided by IBM under this Agreement, and the
<br /> Charge Rate(s). The Customer agrees to promptly submit to IBM the Customer agrees to pay travel expenses and parts prices plus travel,
<br /> meter reading for each usage plan machine as of the close of the last waiting and service time at IBM's then applicable hourly service rates
<br /> work day of the applicable Period. The Customer agrees not to and minimum charges. The following services are not considered
<br /> Interfere with the proper operation of the meter. maintenance service as described in the Section entitled "Mainte-
<br /> If the Customer requests maintenance service to be provided outside nance Service":
<br /> IBM's normal business hours and if such maintenance service is . the repair of damage, replacement of maintenance parts, or any
<br /> provided, the Customer agrees to pay travel expense plus travel. increase in service time, caused by accident, disaster, neglect
<br /> waiting and service time at IBM's then applicable hourly service rates abuse, misuse, use of the machines for purposes other than for
<br /> and minimum charges; however, there will be no additional charge for which designed, transportation, alterations, attachments, acces-
<br /> maintenance parts. sories, supplies, IBM machines not under an IBM agreement. non-
<br /> The Customer agrees to pay the applicable Zone Charge per Period for IBM parts, non-IBM repairs or activities, or failure to provide a
<br /> each machine only when the distances from the machine location to suitable environment;
<br /> the responsible IBM Branch Office and IBM designated point of service . the replacement of the drum (photo conductor), developer mix,
<br /> are both greater than 15 miles. upper and lower fuser rolls for the IBM ExecutiveT. Copier which are
<br /> Zone Charges do not apply if the IBM service re~resentative IS not not considered maintenance parts under this Agreement.
<br /> normally able to travel by private automobile to the site at which the DISCLAIMER AND LIMITATION OF LIABILITY
<br /> machine is located, perform maintenance service, and return, all within IBM's liability to the Customer for damages from any cause whatsoever?
<br /> IBM's normal business hours. In such a case, the Customer awees to and regardless of the form of action, including negligence, is limited to
<br /> pay travel expense plus travel and waiting time at IBM s then actual damages up to the greater of $SC,OOO or an amount equal to one-
<br /> applicable hourly service rates and minimum charges. year's maintenance charges for the specific machines under this
<br /> Changes in a machine's specifications may result in adjustments to the Agreement that caused the damages or that are the subject matter of or
<br /> maintenance charges. are directly related to the cause of action. Such charges will be those in
<br /> The Customer also agrees to pay amounts equal to any taxes resulting effect for the specific machines when the cause of action arose. This
<br /> from this Agreement, or any activities hereunder, except for taxes limitation of liability will not apply to claims for personal injury or
<br /> based upon IBM's net income. damage to real property or tangible personal property caused by IBM's
<br /> Maintenance Charges and any Zone Charges will be invoiced in negligence.
<br /> advance; Additional Maintenance Charges, if any, will be invoiced in IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST
<br /> tre month following the Period in which they are incurred. Payment SAVINGS, OR OTHER CONSEQUENTIAL DAMAGES EVEN IF IBM
<br /> rms will be specified in the invoice. Charges and Units of Usage for a HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
<br /> ~rtlal Period will be prorated on the basis of a 30-day month. FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY.
<br /> SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
<br /> :¡ICE CHANGES OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMIT A TlONS OR
<br /> It;;M may change the Maintenance Charge, Units of Usage per Period, EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER. THIS AGREE-
<br /> the Additional Maintenance Charge Rate(s) and Zone Charges at any MENT GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS, AND THE
<br /> time by providing the Customer at least one month's written notice. Any CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY
<br /> changes will become effective on the first day of the Period which FROM STATE TO STATE,
<br /> commences on or after the date specified in the notice.
<br /> AUTOMATIC ADDITIONS GENERAL
<br /> The Customer may automatically add to this Agreement machines Services provided under this Agreement do not assure uninterrupted
<br /> purchased from IBM, provided machines of the same type are then operation of the machines and IBM is not responsible for failure to
<br /> currently under this Agreement and the Customer has chosen Auto- render services due to causes beyond its control.
<br /> matic Additions for that machine type. The date on which such added IBM may, upon twelve months' written notice to the Customer, modify
<br /> machines will become subject to this Agreement will be the later ofthe the terms and conditions of this Agreement, except that IBM may, upon
<br /> Effective Date of Purchase of a machine under an IBM lease or rental three months' written notice to the Customer, modify the terms and
<br /> agreement, or on the day following the expiration of the warranty conditions of the Sections entitled "Charges" and "Price Changes."
<br /> period. Any modification to the Section entitled "Availability of Maintenance
<br /> Charges for each machine automatically added to this Agreement will Service" will not apply to IBM copier products placed under this
<br /> be the lower of 1) the Charges in effect at the beginning of the Agreement prior to the effective date specified in the notice. Otherwise,
<br /> Customer's then cu'rrent Period for that machine type, or 2) the this Agreement can only be modified by a written agreement duly
<br /> Charges in effect on the date the machine is automatically added. IBM signed by persons authorized to sign agreements on behalf of the
<br /> will prorate the Charges for each newly added machine so that its Customer and IBM.
<br /> Period will coincide with the Customer's then current Period for that Variance from the terms and conditions of this Agreement in any
<br /> machine type. Customer order or other written notification will be of no effect.
<br /> AVAILABILITY OF MAINTENANCE SERVICE This Agreement is not assignable without the prior written consent of
<br /> IBM will offer the availability of maintenance service for each machine IBM, Any attempt to assign any of the rights, duties or obligations of this
<br /> for at least one year after it becomes subject to this Agreement, except Agreement without such consent is void.
<br /> that IBM will offer the availability of maintenance service for each IBM This Agreement does not include any activities provided under another
<br /> copier product for at least seven years after it was first installed under
<br /> the appiicable IBM purchase, lease or rental agreement. written agreement signed by the Customer and IBM.
<br /> WITHDRAWAL OF MACHINES OR The Customer agrees to perform Customer responsibilities described
<br /> TERMINATION OF THIS AGREEMENT in applicable IBM manuals.
<br /> This Agreement will remain in force until all machines have been ~Je aetieFl, Fe!ilsrøl86S a# its farRl, "'RiGR arises awt al tRie AQr....m..nt ~
<br /> 'thdrawn from service under this Agreement. may ge srawgRt sy eitt:lsr party Rlere tl=laA twe years aker tfle H"i9 of
<br /> 1e Customer may withdraw any or all machines from this Agreement astial'! Ras ari88R, Qr, ir1 tl:l8 ~as8 of an action for nonpaym8r1t, mor8 '
<br /> , providing IBM one month's written notice. tI:Ian two year& from tl:l8 elat8 tRe IHt paYRleAt '¡¡as able. -
<br /> 10M may withdraw any or all machines from this Agreement following The Customer represents that the Customer is either the owner of the
<br /> the minimu m period of time specified in the Section entitled "Availabil- machines covered by this Agreement or authorized by the owner to
<br /> ity of Maintenance Service" by providing the Customer three months' include them under this Agreement. Te..xas,
<br /> written notice, This Agreement will be governed by the laws of the State of Ne'N Yerk, -
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