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t~,i,r:l~:t~,li~ ~Jth th~' opf'ratlnR ~p~'olfj~'~lion~: of t. hr' rn;~)~f'a t~Jr~r-. I~.
<br />
<br />a~ ~],ecifJert by the manufacturer. D. Provide a caf, Jnpt for propr, r
<br />~tr)rafe and proter:tJon of data storage media ~hen appropriate.. E. Er,~p
<br />area ~round the terminal or ~y~tem free from ~ny materials olmtruqtln8
<br />air flow. F. Minimize. static electrJc buf]dup in carpeted areas vJth
<br />the use o¢ properly ~roun~e¢ static mats and/or application of
<br />antistatic carpet spray ae needed. O. Notify Amerll)ata immediately of
<br />any Equipment malfunction. H. ~otlfy AmertData thirty (3¢) daym prlor
<br />to movln~ Equipment. Performance of any of these duties by Amerfbata
<br />or repairs to the Equlpment caused by Oustomer'e fMlure to perform
<br />these duties ~i'11 result tn additional charges which Customer agrees to
<br />pay.
<br />
<br />lC. DISCLAIMER OF WARRANTY: AmeriData MAKES NO WARRANTIES, E×PRE~S OR
<br />IMPI, IEI), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERC}IANTIB]LITY
<br />OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SUBJECT MATTER
<br />HEREOF.
<br />
<br />11. LIMITATION OF LIABILITY: Customer agrees that AmeriData's total
<br />liability under this Agreement, for any reason, including but not
<br />limited %o, any alleged negligence of AmeriData shall not exceed the
<br />amount paid for Covered Maintenance by Customer %o AmeriData. In no
<br />event will AmeriDa%a be liable for any incidenta] or consequential
<br />damages such as, but not limited to, loss of use, loss of data, loss of
<br />profit, loss of value added to or taken from Equipment or an3
<br />affiliated components, or liability to third parties, however caused,
<br />whether by the negligence of AmerlDa%a or otherwise.
<br />
<br />12. NON-COVERED MAINTENANCE: AmeriData will not be liable to Customer
<br />for any delay or failure by AmeriData to perform its obligations under
<br />this Agreement if such delay or failure, or damage %o the Equipment,
<br />arises from any cause or causes beyond the control of AmeriData. Such
<br />causes include, but are not limited to: labor disputes, strikes, other
<br />labor or industrial disturbances; floods, earthquakes, lightn{ng, fire,
<br />or acts of God; shortages of materials, rationing, war, embargoes,
<br />blockages; actions, restrictions, regulations, or orders of any
<br />government, agency, or subdivision thereof; vandalism Or criminal
<br />action; utility or communications failures; operator misuse or abuse,
<br />neglect, operator error, use of improper supplies or accessories,
<br />tampering or repair performed by other than authorized AmeriData
<br />personnel; movement of the Equipment to a new location; or other causes
<br />beyond normal usage. Repairs to the Equipment after such causes will
<br />result in additional charges which Customer agrees to pay. All charges
<br />for Non-Covered Maintenance will be according to the AmeriData rate
<br />schedule effective at the time the service is performed.
<br />
<br />13. ASSIGNMENT AND SUB-CONTRACTING: This Agreement is not assignable
<br />without the written consent of AmeriData. AmeriData reserves the right
<br />to subcontract Covered Maintenance to third parties to provide optimum
<br />service to Customer.
<br />
<br />14. GENERAL PROVISIONS: This Agreement will be governed by the la~s
<br />of the State of Minnesota and constitutes the entire agreement between
<br />the parties with respect to maintenance of Equipment, and shall
<br />supercede all previous commitments and writings with respect to matters
<br />set forth herein. This Agreement may be modified only by a writing
<br />signed by the authorized agent of both parties. The terms and
<br />provisions of this Agreement will prevail over any conflicting,
<br />additional, or other terms appearing on any purchase order or other
<br />correspondence submitted to AmeriData by Customer at any time.
<br />
<br />Agreed to and accepted by:
<br />Customer
<br />
<br />Authorized Signature
<br />
<br />~N-~(Type or Print)
<br />
<br />P/qon'e
<br />
<br />Date
<br />
<br />Agreed to and accepted by:
<br />Ameridata Systems Inc.
<br />
<br />~]~(TYpe or Prkht)
<br />
<br /> ' Date
<br />
<br />
<br />
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