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<br /> All notices shall be deemed to have been given as of the date of <br /> mailing. <br /> ( i) The terms and conditions of this Agreement supersede those <br /> of all previous agreements between ITRON and Customer with <br /> respect to maintenance of the Equipment and Licensed <br /> Software. Any terms and conditions appearing on Customer's <br /> purchase orders or authorizations shall not apply to or <br /> become a part of this Agreement. <br /> 12. RESPONSIBILITY <br /> ITRON shall not be responsible for any loss, property damage, <br /> personal injury or expense, including legal expense, incurred by <br /> any employee, agent, invitee or licensee of Customer or any other <br /> person other than employees or authorized agents of ITRON <br /> regardless of how caused, if arising out of the use or possession <br /> 'of the Equipment or Licensed Software by Customer, unless such <br /> loss, property damage, personal injury or expense, including <br /> legal expense, is caused by the fault or negligence of ITRON, its <br /> employees or authorized agents. <br /> 13. EXCLUSIONS <br /> (a) Support Service under this Agreement shall not include <br /> electrical work or utility change external to the Equipment, <br /> nor: <br /> 1) The furnishing of supplies or accessories; painting or <br /> refinishing of the Equipment or furnishing material <br /> thereof. <br /> 2) Making the Customer sponsored specification changes; or <br /> adding or removing accessories, attachments or other <br /> devices; <br /> 3) Performing services connected with relocation of <br /> Equipment, repair of damage resulting from accident, <br /> transportation, neglect, misuse, failure of electrical <br /> power, air conditioning, or humidity control, causes <br /> other than ordinary use, or failure of malfunction of <br /> attached, related, collateral or ancillary equipment not <br /> covered by this Agreement. <br /> 4) Service which would be impractical for ITRON's Field <br /> Engineers to render because of alterations in the <br /> Equipment or its connection by mechanical or electrical <br /> means to another machine or device. <br /> (b) ITRON is not responsible for product failure or fail~re to <br /> render service or maintenance due to causes beyond control <br /> of ITRON. ITRON WILL NOT IN ANY EVENT BE LIABLE TO THE <br /> CUSTOMER FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. <br /> 5 <br />