Res 1997-092 - Laserfiche WebLink

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JUN 04 1997 15:08 WILTEL 713 307 4090 P.11/13 l{J-C- specification changes or performing services connected with relocation of System; or adding or removing accessories, attachments or other devices; (d) such service which is impractical to WilTei service representatives to render because of alterations to the equipment or its connection by mechanical or electrical means to other devices; or alterations to operaring systems; (e) systems engineering services, programming, and operations procedures of any sort; (f) service required because of system operation failure due to other manufacturer's equipment and/or other vendor malfunctions; (g) circuit and carrier problems and malfunctions; and (h) damage caused or required by or resulting from me fault, misuse, or negligence of the Customer, including service calls which result in "no trouble found" in System. Service for such damage resulting from excluded causes will be billed to Customer at WilTel's then prevailing Time and Materials rates. 9) ACCESS. Cusromer agrees to pennit and arrange full access to the Premises necessary for WilTel's employees to perform the services set forth in this Agreement. Cusromer represents and warrants that Customer's Premises and conditions to be encounœred by WilTel at Customer's Premises and in areas where work is to be perfonned shall (1) be in compliance with all applicable federal, state and local laws, rules and regulations, (ii) be safe and non-hazardous, and (m) not contain, present, or expose WilTel representatives to hazardous marerials or hazardous substances. In the event of breach of the foregoing, in addition to all other remedies, WilTel may immediarely suspend work until CustOmer has promptly corrected such condirion(s) at Customer's expense. In the event Customer cannot or does not correct such condition, it will be WilTel' s option as to whether (Q enter the area in which the unsafe condition exists. WilTel's refusal ro enter such a location on the basis of safety will not be deemed a breach of this Agreement or a default under it, and no liability for such a decision will auach. WilTel makes no representations as.to the presence or absence of hazardous marerials. 10) DEFAULT. If Customer (i) fails to pay the amounts due under r.his Agreement or (ii) breaches this Agreement, WilTel may, in addition to all oilier remedies available to it at law or in equity, suspend its service obligations, and terminate this Agreement or furnish service on a time and materials basis, C.O.D. In the event of WilTel's material non-performance of this Agreement, Customer may cancel this Agreement and receive a refund for the unused portion of the Service Fee, which shall be Customer's exclusive remedy. 11) FORCE l\fAJEURE. WilTel's performance shall be adjusted or suspended by WilTel to me extent performance is beyond \VilTeI's reasonable control for reasons including, wiLhom limitation, the following: strikes, work stoppages, fire, water, flood, lighrnmg, governmental action, acts of God or public enemy, delays of suppliers, subcontractors, power company, local exchange company. or other carrier. 12) DISPT.JTES AND APPEALS. The parties agree to attempt to resolve between themselves any disputes that may arise. 13) CERTIFICATES OF INSURANCE; PROPERTY DAAfAGE. Certificates ofpubIic liability, casualty and worker's compensatÏon insurance shall be obtained by WilTel in the amounts set forth below and filed with Cusromer and will be subject to Customer's approval both as to amount and adequacy of protection: (i) Worker r 5 Compensation - Statutory; (ìi) Public Liability (including contractUal insurance coverage of this Agreement) for Bodily Injury and Property Damage in the 4