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<br /> JUN 04 1'3'37 15:07 WILTEL 71,j ,j07 4090 P.09/1,j <br /> L/#f <br /> CLAIMS SUCH STATUS. Service Fees received more than thirty (30) days after billing are <br /> subject [Q a late payment charge of one and one half percent (1 1h %) for each 30 day period that <br /> they remain unpaid. <br /> 4) LThfiTATION OF LIABILITY. <br /> a) WILTEL WILL BE LIABLE FOR PHYSICAL INJURIES TO INDNIDUALS AND <br /> DAMAGE TO TANGIBLE, PHYSICAL PROPERTY (OTHER THAN THE SYSTEM <br /> WHICH IS COVERED IN SECTION 4(b) OF THIS AGREEMENT) ONLY TO THE <br /> EXTENT SUCH DAMAGE OR INJURY IS PROXIMATELY CAUSED BY WILTEL'S <br /> - NEGLIGENCE. IN NO EVENT, HOWEVER, SHALL VlILTEL AND ITS SUPPLIERS <br /> OR SUBCONTRACTORS, BE LIABLE FOR (i) ANY SPECIAL, INCIDENTAL, <br /> EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (ii) COMMERCIAL LOSS OF AL~Y <br /> KIND (INCLUDING LOSS OF BUSINESS OR PROFITS), OR em) AN""Y DAMAGES OF <br /> ANY KIND RESULTING FROM UNAUTHORIZED USE OF THE SYSTEM, <br /> INTERRUPTION OF SERVICE OR LOSS OF DATA. TillS PROVISION APPUES TO <br /> ALL CLAIMS \VHETHER BASED UPON BREACH OF WARRANTY, BREACH OF <br /> CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL <br /> THEORY, AND WHETHER WILTEL OR ITS SUPPLIERS OR ITS <br /> SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH <br /> DAMAGE OR LOSS. <br /> b) WilTel shall be liable for any physical damage it causes 10 me System. This liabiliIJ is <br /> lUnited to repairing or replacing the System or components therçof and is otherwise limited <br /> as set forth in the preceding section. <br /> c) THIS AGREEMENT EXCLUDES ALL EXPRESS W ARRA.NTIES At,\¡D ALL IMPLIED <br /> WARRANTIES, INCLUDING, BUT NOT LTh-IITED TO, THE WARRANTIES OF <br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILTEL <br /> DISCLAIMS ANY WARRANTY TO PREVENT UNAUTHORIZED USE OF THE <br /> SYSTEM. <br /> d) In consideration of the benefits received herein, \VilTel specifically agrees to fully and <br /> completely indemnify, defend at its expense and hold harmless Customer, its officers, <br /> directors, employees, agents contractors,. successors and\or assigns from and against any <br /> and all claims, liabilities, costs, causes of action. losses, judgments or damages for personal <br /> injury, death or damage to tangible physical property in any way arising out of or incidental <br /> t:o the performance of any work or acrivities to the extent caused by the negligence of <br /> WilTel during delivery, installation or maintenance and which is reported to WilTel <br /> promptly in writing. Nothing herein shall create an obligarion of WilTel to indemnify and <br /> hold hannless Customer from any claim, loss or liability resulting from the sole negligence <br /> of Customer. <br /> 5) MAINTENANCE OBLIGATIONS <br /> a) The Service Plan Attachment sets forth the hours of the principal Service Period and the <br /> service request: response rimes designed to meet Customer's maintenance needs. <br /> Maintenance service extending more than one-half (V2) hour beyond the Service Period or <br /> performed entirely outside the Service Period will be performed upon Customer's request. <br /> Cusromer agrees to pay WilTel, at WilTeI' s then curren( time and materials rates, at a <br /> 2 <br />