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<br /> Intem8tIunal,BU8Ineas Machines Corporation Armonk, New Yorlc 10604
<br /> Agreement for Purchase of IBM Machines
<br /> Name and Address of Customer: IBM Btanch Office Address: Agreement No.: G6K1l35
<br /> Ci ty of San r.Îarcos 505 Barton Spgs Rd. G6K
<br /> 630 East Hopkins St. Austin, TX 78704 IBM Branch Office No.:
<br /> San Marcos, TX 78666 7902647
<br /> Customer No.: International Business Machines Corporation'(1BM) and the Customer agree that the following terms and conditions will apply to any Cus-
<br /> tomerorder accepted by IBM for the purchase under this AQreement of IBM machines, features, model conversions, machine elements or
<br /> accessories or of non-IBM equipment. IBM will 1) sell machines to the Customer, 2) fumish, as available, programming and programming
<br /> service, 3) sell features and model conversions to the Customer for installation or reinstallation on an IBM machine designated by type
<br /> and serial number, 4) sell machine elements, accessories and non-IBM equipment to the Customer, and 5) provide warranty service, as
<br /> aP.f:.e~le.
<br /> .term "Machines" refers to IBM machines and/or their features, model conversions, machine elements and accessories unless the
<br /> context requires individual reference. The term "Machines" also applies to non-IBM equipment except as otherwise provided in the Section
<br /> entitled "Purchase of Non-IBM Equipment." Machines are those on-orderto be installed, or which are installed under an IBM lease or rental
<br /> agreement with the Customer. Features include additions and removals. Model conversions include upgrades and downgrades between
<br /> models and between machine types. The term "p~rammin~" shall mean such programming as IBM may make generally available, withol,lt
<br /> separate charge, for machines of the types order by the ustomer under this Agreement. The term "programmi~service" shall mean
<br /> such service as IBM may make generally available, without separate charge, in connection with programming. IBM will umish such program-
<br /> ming, as requested by the Customer, and will determine the programming services available and their duration.
<br /> The Customer a~s to accept Machines, programming, programming service and warranty service under the terms and conditions
<br /> of this Agreement. e Customer further agrees, with respect to Machines and programming, to acceg responsibility for 1) their selection
<br /> to achieve the Customer's intended results, 2) their use, and 3) the results obtained therefrom. The ustomer also has the responsibility
<br /> for the selection and use of, and results. obtained from, any other equipment, programs or services, acquired outside this Agreement, used
<br /> with the Machines and programming.
<br /> Individual Machines become subject to this Agreement when either the Customer'swritten order for their purchase, or the Customer's
<br /> , order for their purchase under another ordering grocedure designated by IBM, is accepted by IBM. Such order to purchase an on-order
<br /> Machine must be received by IBM on or before its ate of Installation. IBM will accept an order by providing to the Customer a Supplement
<br /> .to this Agreement (SUpplemen~, or other documentation designated by IBM, confirming,.the terms applicable to the Machine. Installation
<br /> "of an on-order Machine, as de 'ned in the Section entitled "Installation," or payment of the Purchase Price of an on-order or installed
<br /> Machine (or payment of the down payment or the first installment if subject to an IBM installment agreement), whichever first occurs following
<br /> the Customer's receipt of the Supplement, will constitute the Customer's acceptance of such terms.
<br /> PRICES AND PAYMENT TITLE
<br /> The Purchase Price for each Machine will be stated in the Sup- Title passes to the Customer for each on-order Machine on its
<br /> plement and does not include any applicable taxes or destination date of shipment from IBM or on the date IBM receives the Custom-
<br /> charges. Payment in full for each on-order Machine will be due on er's order for its purchase, whichever is later, and, for each instal-
<br /> its Date of Installation and, for each installed Machine, on its Effec- led Machine, on its Effective Date of Purchase.
<br /> tive Date of Purchase, unless otherwise provided in an IBM install- SECURITY INTEREST
<br /> ment agreement.
<br /> TAXES IBM reserves a purchase money security. interest in each
<br /> Machine. This interest will be satisfied by payment in full hereunder
<br /> In addition to the prices stated in the Supplement, the Customer or under an IBM installment agreement and, in addition, when appli- &..
<br /> agrees to pay amounts equal to any taxes resulting from this cable, by the return to IBM by the Customer of parts in respect to
<br /> Agreement, or any activities hereunder, exclusive of taxes based feature additions or model conversions that involve the removal of
<br /> on IBM'S net income. The Customer shall bear any personal prop- parts which become the property of IBM. TAg ç;;"'stg~gr iiinrl1i to
<br /> erty taxes assessable on on-order Machines on and after delivery ~A appreJilFiat8 Q8&W~9AtG te pgFfRit IBM tg "gReet 18M'S eeeWFi¥¡!!!:f1
<br /> to the carrier or, for installed Machines, on and after the Effective iAtara.,t.
<br /> Date of Purchase,
<br /> SHIPMENT
<br /> DESTINATION CHARGES IBM will confirm, and amend as necessary, the Estimated Ship-
<br /> Destination charges for each on-order Machine from a desig- ment Date of each on-order Machine. Prior to shipment, IBM will
<br /> nated IBM location, and any rigging charges, will be paid by the Cus- make reasonable accommodation to a Customer requested delay,
<br /> tomer in accordance with IBM'S then current shipping and billing and, if agreed to by IBM and the Customer, changes may be made
<br /> practices. in the configuration of Machines.
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<br /> MATRiR MiRilN .
<br /> Accepted by:
<br /> International Business Machines Corporation
<br />
<br /> By
<br />
<br /> Authorized Signature
<br /> Name (Type or Print)
<br /> Z120-2892.()1 (UN 025) 7184 ORIGINAL
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