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<br />5. Responsibilities of Customer.
<br />
<br />A. Customer shall provide BRC full access to the Products to perform any maintenance services required during the
<br />term of this agreement.
<br />
<br />B. If maintenance is performed at Customer's facilities, Customer shall provide BRC with adequate working space
<br />including, but not limited to, heat, light, ventilation, electric current and outlets, and adequate storage space,
<br />if required by BRC, for spare parts for Products. Such working space and storage space shaH be within a reasonable
<br />distance from the Products, and shall be provided to BRC by Customer at no charge.
<br />
<br />6. Excluded Services. This Agreement does not require BRC to repair or replace (1) ribbons or other supplies which
<br />need repair or replacement as a result of normal wear and tear, (ii) Products which have been repaired, altered or
<br />transported by persons other than those expressly approved in writing by BRC, (iii) Products from which the serial
<br />numbers have been removed, defaced or changed, (iv) Products damaged as a result of accident, disaster, theft,
<br />vandalism, neglect, abuse, use of any Product for a purpose other than the purpose for which it is designed or use
<br />not in accordance with instructions furnished by BRC, (v) Products which have been subjected to physical, mechanical
<br />or electrical design alteration or any conversion by persons other than those expressly approved in writing by BRC,
<br />(vi) Products used by any person other than Customer's employees, or persons under Customer's direct supervision,
<br />or (vii) Equipment that in BRC's reasonable opinion cannot be repaired to a maintainable condition.
<br />
<br />7. Disclaimer. BRC WARRANTS THAT THE PRODUCT SHALL FUNCTION IN SUBSTANTIAL ACCORDANCE WITH INDUSTRY STANDARDS FOR
<br />ITS INTENDED PURPOSE. HOWEVER, EXCEPT AS OTHERWISE PROVIDED HEREIN OR BY STATUTE, BRC DISCLAIMS ALL WARRANTIES
<br />WHETHER EXPRESSED OR IMPLIED WITH REGARD TO ANY GOODS OR SERVICES PROVIDED BY BRC PURSUANT TO THIS AGREEMENT,
<br />l>>ClUOl~G All WARRA~11ES OF MERCHAN1ABll11Y OR F11NESS fOR A PAR11CULAR PURPOSE.
<br />
<br />8. Customer's Remedies. BRC's liability for any losses or damages of any nature except for personal injury,
<br />whether direct, indirect or incidental, arising from its performance of this Agreement, shall be limited to the
<br />aggregate amount of the fees paid by Customer to BRC pursuant to this Agreement.
<br />
<br />9. Miscellaneous.
<br />
<br />A. General Confidentialitv. Except as Customer is otherwise required by law to disclose the information contained
<br />herein, Customer agrees that during the term of this Agreement it shall not disclose any information, and shall take
<br />all reasonable precautions to prevent disclosure of any information, regarding the content of this Agreement or
<br />performance hereunder to any third party.
<br />
<br />B. Force Maieure. BRC or Customer shall be excused from performance hereunder for any period BRC or Customer is
<br />prevented from performing their respective obligations hereunder in whole or in part as a result of an act of God,
<br />war, civil disturbance, court order, labor dispute or other cause beyond its reasonable control. In addition, such
<br />nonperformance shall not be a ground for termination or default.
<br />
<br />C. VVaiver. Any waiver by either party of any provision of this Agreement must be in writing, and shall not imply
<br />subsequent waiver of that or any other provision.
<br />
<br />D. Notices. Except as otherwise noted in this Agreement, any notice, demand or request or other conmunication
<br />required to be given by either party to the other party pursuant to this Agreement shall be in writing and shall
<br />be mailed by first class, registered or certified mail, re~urn receipt requested, or transmitted by hand delivery,
<br />telegram or telex, to the appropriate addresses first set forth above, or to such other address as either party may
<br />hereinafter substitute by written notice given in the manner prescribed in this paragraph. Notice shall be deemed
<br />given three (3) days after mailed, or at such time as it is actually delivered to the addressee or such attempted
<br />delivery is refused by the addressee.
<br />
<br />E. Complete Aareement. This Agreement, including the attached exhibits, embodies the entire contractual agreement
<br />of the parties with respect to the subject matter hereof. This Agreement cannot be modified except by written
<br />agreement signed by all parties hereto.
<br />
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<br />
<br />F. Assianment. Customer may not, without BRC's prior written consent, assign or otherwise transfer this Agreement,
<br />or any of Customer's rights or obligations under this Agreement, to a third party. BRC shall have the right to
<br />subcontract the performance of all services specified in this Agreement to a third party.
<br />
<br />G. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas.
<br />
<br />
<br />
<br />:~~ :TMR ~15. AnL/d
<br />, \)
<br />ITS: Product Manaqer ITS: Ci tv anaqer
<br />DATE: September 29. 1992 DI\TE: September 29. 1992
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