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and will ensure that the installation arca IS rcstored to as good a condition as it \\ as prior to installation but will not be n:sponsihk for n:moving old phones or cahling. The S> slt:m as installed shall be new. (b) If Customcr does not p<:mlit Williams to ddivcr or install the Syst<:m. Williams. in addition to thc remcdies provided below. shall be cntitled to rctain all monics paid by Customcr and recover additional monies. if necessary. to cover all costs incurrcd hy Williams in preparation for alld an> actual p<:rfomlance under this Agrcement. including storage costs ;md rcstocking fees. (c) Customcr represents and warrants that Customcr's Premises and conditions to he encountered by Williams at Customer's Prcmises and in arcas wherc work is to bc perfomled shall (i) be in compliance vvith all applicable federal. state and local laws. rulcs and regulatil)ns (ii) bc safe and non-hazardous: and (iii) not contain. present. or e\.pose Williams rcprescntatives to hazardous materials or halardous substances. In the ev<:nt of hreach of the foregoing. in addition to all othcr rCll1<:dies. Williams may immediately suspend work until Customer has promptly correctcd such condition(s) at Customer's e\.pense. In the ev<:nt Customer cannot or does not correct such condition. it will bc at Williams' option as to whether to recommence performance or tcrminate this Agreement. Anytcrmination by Williams becausc of its opinion that an unsafe environmental condition exists will not be deemed a breach of this Agreemcnt by Williams or a default under it and no liability for such decision will attach. (d) Williams will provide Customer with its standard end-user training for the System at no additional charge. 10) ACCEPTANCE. When thc installation has been completed. Williams will test the System according to the manufacturer's diagnostic and readiness test specifications in preparation for cutover. When thc System is Cutov cr and has operated in accordance with manufacturer's spccifications for a period of founecn (I~) calendar days, it will be deemed acceptcd by Customer unless Customer has providcd \\-illiams with written notice within that time period scning forth deficiencies in operation. If Customer has provided such notice. Williams will corrcct the listed deficiencies at which time Customcr shall promptly certify in writing its acceptance of the System. II) lI~lITED W ARR~NT\'. (a) FOR A PERIOD OF ONE YEAR FRO\t THE CUTOVER DATE OR AS OTHER WISE SET FORTH ON THE APPLICABLE ORDER FORM (THE "WARRA:\TY PERIOD"'). WILLIAMS WARRANTS T1-t-\T THE SYSTEM WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL OPERATE IN .-\CCORDANCE WITH MANUF ACTURER'S SPECIFICA TIO"lS. (b) THE ABOVE WARR~NTY IS IN lIn: OF ALL OTHER EXPRESS WARR~NTIES. THIS AGREEl\IENT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDI~G, BUT NOT LIMITED TO, THE WARR~NTIES OF MERCHANTABILITY A~D FITNESS FOR A PARTICULAR PURPOSE. WILLIAMS DISCLAIMS ANY WARRANTY TO PREVDIT UNAUTHORIZED USE OF THE SYSTEM INCLUDING TOLL FRAUD. (c) Customer's SOLE AND EXCLUSIVE REMEDY for breach of warranty is limited to Williams' performance as set forth in Section 12 (a) below and performance ofwarramy service during the Warranty Period will not e\.tcnd or restart the Warranty Period. If. howevcr. it is determincd that such remedy fails of its esscntial purpose. then Williams entire liability for such breach is limitcd to pa> mcnt by Williams of Customer's actual damages in an amount not to exceed the amount paid for the System. 12) WARRANTY SERVICES. (a) During the Warranty Pcriod. if warranty work is necessary. Williams will. at its option: (i) repair the System in place or (ii) accept return of components of the System for repair or replacement. Such repair or repair or replacement. including both parts and labor, will be at Williams' cxpense. Repair and replacement parts may be new or like new. (b) During the Warranty Period. Williams shall be liable for any physical damage it causes to the System. This liability is limited to repair of the System or component thereof. or if the System or component cannot bc repaired. replacement with a comparable System or component in accordancc with Section 12t a) above. (c) During the Warranty Period. Williams VV ill respond remotely or on-site as may be necessary to requests to perform service for a service affecting outage of the System ("Emcrgency Service") within two (2) hours of rcceipt of notice from Customer requesting such service without regard to timc of day or day of the week. Emergency Service will be provided only for System failure resulting in the failure of twenty percent (20%) or more of all stations and\or trunks or the failure of the attcndant console. All other outages are classified as non- emergency. Williams will respond to requests to perform non-emergency service within twenty-four (24) hours of the reccipt of the request. except when the request for such sen ice is made on or the day before a weckend day or a Williams holiday. in which case Williams will respond by the next busincss day. Scrvice calls made beyond Williams' normal working hours for non-emergency service will be performed by Williams upon Customer's request at Williams' then prevailing rate. \Iaster Ordering Agreement 11198 Page 3 of 5