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<br /> 4. TAXES <br /> In addition to the charges due under this Agreement, the Customer <br /> agrees to pay amounts equal to any taxes and duties resulting <br /> from this ~greement, or any activities hereunder, exclusive of <br /> taxes based upon net income. <br /> 5. RISK OF LOSS <br /> Customer will bear the entire risk of loss, damage, destruction <br /> or theft of the Equipment or Licensed Software for any reason, <br /> other than negligence of ITRON, its employees or authorized <br /> representative, during the term of this Agreement. Customer <br /> agrees that ITRON shall not be liable to Customer for loss of <br /> profit or other financial loss resulting from the loss of <br /> business which may be caused, directly or indirectly, by the <br /> inadequacy of any item for any purpose or any use thereof or by <br /> any deficiency or defect therein. <br /> 6. ACCESS TO EQUIPMENT AND LICENSED SOFTWARE <br /> ITRON shall have full and free access to the Equipment and <br /> Licensed Software to provide service thereon. If persons other <br /> than authorized ITRON representatives shall perform maintenance <br /> or repair of any item, and as a result further repair by ITRON is <br /> required, such further repairs will be made at ITRON's applicable <br /> time and material rates and terms then in effect. The Customer <br /> represents that it is the owner of the Equipment under this <br /> Agreement, or, if not the owner, has authority from the owner to <br /> include such Equipment under this Agreement. <br /> 7. ENGINEERING CHANGES <br /> Engineering changes or Licensed Software releases, determined <br /> applicable by ITRON will be controlled and installed by ITRON, or <br /> its authorized representative, on Equipment or Licensed Software <br /> covered by this Agreement. The Customer may, by providing notice <br /> subject to written confirmation by ITRON, elect to have only <br /> mandatory changes, as determined by ITRON, installed on Equipment <br /> or Licensed Software so designated. ITRON reserves the right to <br /> charge, at its applicable time and material rates and terms then <br /> in effect, for additional service time and replacement parts when <br /> such additional service and parts are required due to the <br /> conversion from one ITRON model to another or the installation or <br /> removal of an ITRON feature whenever any of the foregoing was <br /> performed by other than ITRON. <br /> 2 <br />