Res 1997-092 - Laserfiche WebLink

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JUN 04 1997 15:05 WILT L 71..:; 307 4090 P.05/l..:; 4/i) prevailing time and material rates. b) Customer agrees [0 permit and arrange full access to the Premises necessary for WilTel's representatives to perform the installation services set forth in this Agreement. Installation of the Equipment will be performed during the normal working hours of 8:00 a.m.-5:00 p.m., Monday through Friday, excluding WilTel and CustOmer holidays. Any delay or downtime resulting from Customer act or omission shall be the responsibility of Customer and shall be billed at WilTel's prevailing rate. In addition to access, Customer wjll provide a suitable operating environment (including isolated ground, air conditioning 1 humidity, heat and security) per manufacturer's specifications, a copy of which shall be provided to Customer upon request. WilTel agrees to inspect Customer Premises to determine if it is in compliance with the manufacturer's environmental specifications prior to delivery of equipment. If the Premise does not meet such specifications, WilTel shalI provide I CustOmer with a written list of deficiencies prior to equipment delivery. WilTeI' s assessment of the condition of Customer Premises shall be valid as of the date of inspection only. Nothing in this section shall be deemed to negate or diminish CustOmer's obligation to maintain a suitable operating environment for the System. c) Cus!Omer represents and warrants that Customer's Premises and conditions to be encountered by WiITeI at Customer's Premises and in areas where work is to be performed shall (i) be in compliance with all applicable federal, stare and local laws, rules and regulations, (ii) be safe and non-hazardous, (iii) not contain, present, or expose WiITel representatives to hazardous materials or hazardous substances. In the event of breach of the foregoing, WilTel IIlß.y immediately suspend work until Customer has promptly corrected such conditìon(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 ro enter the area in which the unsafe condition exists. WilTel' s refusal to 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 attach. d) Acceptance The acceptance period site shall begin on the day following Cutover and shall continue until the System has operated for thirty (30) consecutive days withoUt a "major case of trouble"; a major case of trouble shall be derIDed as any problem, not caused by the serving public utility or oilier events of force majeure, that results in the hardware failure of any component whi~h is considered part of the Customer network backbone as listed on Attachment III of this Agreement. Following restoration of service, the acceptance period shall begin again and continue until the thirty (30) day acceptance period is satisfactorily completed 12) LIMITED WARRANTY. WILTEL WARRANTS THAT WORK PERFORMED UNDER THIS AGREEMENT SHALL BE DONE IN A GOOD AND WORKMANLIKE MANNER AND BE FREE FROM MATERIAL DEFECTS FOR A PERIOD OF THIRTY(30) DAYS FROM DATE OF ACCEPTANCE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF SUCH WARRANTY SHALL BE CORRECTION OF THE DEFECT BY WILTEL AT WILTEL'S EXPENSE. TillS AGREEMENT EXCLUDES ALL OTHER EXPRESS W ARR~S AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LThfITED TO, THE W ARR-\J.~TIES OF ìVtERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIL TEL DISCLAIM"S ANY WARRANTY TO PREVENT UNAUTHORIZED USE OF THE EQUIP1\ŒNT. 4