Res 1992-031 - Laserfiche WebLink

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6. EXCLUDED SERVICES 6.1 Services provided by Intergraph which are deemed to be outside the scope of and/or specifically excluded by this Contract will be invoiced at prevailing per-caJ1 rates (portal-ta-portal). 62 The maintenance service to be prOVided by Intergraph under thiS Contract shall not include and Intergraph shall not be responsible for the following: 62. 1 Maintenance of Equipment that is operated at a site where humidity conditions exceed sixty percent (60%). 6,2.2 Maintenance of a CPU andlor peripherals at a site where temperatures are below 5rf F(1~ C) or above 74- F(~ C). 2.3 Maintenance of graphics stations at a site where temperatures are below SO- F(10- C) or above 80- Fl2T C). 62.4 Maintenance calls which are necessary due to failure of Equipment which was not supplied by Intergraph and not covered in this agreement. 62.5 Operating supplies or accessories. painting or refinishing. the equipment or furnishing materials for this purpose; or electrical work external to the Intergraph-furnished machines or maintenance of other devices or software not furnished by Intergraph. 6.2.6 Maintenance service (preventive or remedial): (1)'lf the service is reqUired because of accident, neglect. misuse. electrical stress, air conditioning, humidity control, transportation, non-Intergraph-supplied communication media Equipment andlor software malfunctions, or causes other than ordinary intended normal use; or (2) if Equipment has been maintained or repaired, or if attempts have been so made by other than Intergraph personnel or its agents without prior Intergraph approval; or (3) if Equipment has been reinstalled at a new location unacceptable to Intergraph. 6.2.7 Movement or rearrangement of Equipment after initial installatIon except in connection with rearrangement due to additlonallntergraph Equipment being installed and placed under maintenance contract. 8 If, in Intergraph's opinion, individual items of equipment under this agreement cannot be properly or economically repaired on-site due to excess wear or deterioration, Intergraph may at its discretion recommend refurbishment. Upon request from the customer, Intergraph will provide a written estimate of refurbishment charges and the related shipping and insurance charges. In addition, an alternate quotation for replacing the used unit with a refurbished unit on a direct exchange basis will be provided on request. Intergraph is not responsible for providing a temporary replacement unit for customer's use during refurbishment. Intergraph reserves the right to withdraw maintenance service from the particular item of equipment at the end of the term, if customer has not agreed to such refurbishment and the charges thereof. 7, WARRANTY INTERGRAPH DISCLAIMS ALL WARRANTIES WITH REGARD TO MODULES AND OTHER MATERIALS SUPPLIED HEREUNDER INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABIlITY AND FITNESS. FOR A PARTICULAR PURPOSE AND THE STATED EXPRESS WARRANTIES ARE IN LIEU OF All OBLIGATIONS OR LlABlLmES ON THE PART OF INTEAGRAPH FOR DAMAGES. INCLUDING BUT NOT LIMITED TO CONSeOUENTIAL AND INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS OR EOUIPMENT. 8. CHARGES Mon~hly charges, the first of which is due and payable on the fIrst day of the contract. shall be invoiced in advance. Each subsequent monthly payment will be due on the same day of each month. Services for any period less than a mo~th shall be invoiced at an amount prorated on a daily baSiS. Payments not received thirty (30) days from date of InvoICe are subject to interest accrued at two percent (2%} per month. 9. REMOTE LOCATION MAINTENANCE Stations and other Equipment which are not installed in proximity to the central processing unit are to be considered "remote" locations. A travel Charge will be added to the standard TSC based on the distance between the remote location and the central processing unit. The additional charges. are indicated on the Summary of Monthly Charges. AppendiX B. 10. ACCESS TO eOUIPMENT 10.1lntergraph shall have 1ull and 1ree access to the Equipment for both preventive and remedial maintenance services subject to the Customer's security requirements. 10.2lntergraph shall have access to and the use of any machines, attachments, features or other Equipment necessary to provide the maintenance services at no charge to Intergraph. 10.3 Failure by the Customer to grant Intergraph employees andlor agents access to the Equipment in accordance with 10.1 and 10.2 above will result in the follOWing: (1) Preventive maintenance service will be deemed to have been accomplished: and (2) Excess on-call maintenance expense will be charged (portal-la-portal) to the Customer at the then prevailing Intergraph rates. 11. NOTICES All written notices, required by either party under this Agreement, shall be deemed to have been given on lhe date such notice is mailed to the other party at the mailing address in Section 1.