Agenda - Council - 08/26/1986 - Laserfiche WebLink

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9, CUSTOMER RESPONSIBILITY: Customer.~rees to perform the fo]lowing duties which are NOT Covered M&tn%$~&nol; A. Provide as epecYfted b~ the manufacturer. ~. yrovmee a cabinet rot proper .... storage and protection of data storage media when appropriate. E. Keep area around %he terminal or eye%em free from any materials obstructing air flow. F. Minimize static elbe%ri0 buildup in carpeted areas vi%h the use of properly grounded st&ti0 m&%s ~nd/0r appiica%i0n of antistatic carpet spray as needed. O. Notify AmeriData.im~edla%ely of any Equipment malfun0tlon. H. Ho%ify AmeriDa%a %h{r%y (3~) &aye ~rl0r %o moving Equipment. Performance of any of these duties by AmerlDa%a or repairs to the Equipment caused by Customer's failure to perform %hess duties will result in additional charges which Oustomer a~rees pay. 10. DISCLAIMER OF WARRANTY: AmeriData MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SUBJECT MATTER HEREOF. 11. LIMITATION OF LIABILITY: Customer agrees that AmerlData's total liability %under this Agreement. for any reason, including but not limited to, any alleged negligence of AmeriData shall not exceed the-'- amount paid for Covered Maintenance by Customer to AmerlData. In no event will AmerlData be liable for any incidental or consequential dam~a~ee such as, but not llml:ed %o, loss of use, loss of data, loss of profit, loss of value added %o or %&ken from Equipment or any affiliated components, or liability to third parties, however caused, whether by the negligence of AmeriData or otherwise. 12. NON-COVERED MAINTENANCE: AmeriData will not be liable ~o Customer for any delay or failure by AmeriData to perform its obligations under this Agreement if such delay or failure, or d~e to ~he Equipment, arises from ~y cause or causes beyond the control of AmeriDa:a. Such causes include, but are not limited %o: labor disputes, s~rikes, other labor or industrial disturb~ces; floods, earthquakes, lightning, fire, or acts of God; shortages of materials, rationing, war, embargoes, block~es; actions, restrictions, regulations, or orders of any government, ~ency, or subdivision thereof; v~dalism or criminal action; utility or comm~tcations failures; operator misuse or abuse, neglect, operator error, use of improper supplies or accessories, t~perin~ or repair performed by other than authorized AmeriData personnel; movement of :he Equipment :o a new location; or other causes beyond normal us~e. Repairs to the Equipment after such causes will result In additional charges which Customer ~rees ~o pay. All charges for Non-Covered Mainten~ce will be according :o the AmerlData rate schedule effective at the time ~he service is performed. 15. ASSIGNMENT AND SUB-CONTRACTING: This Agreement ts not assignable wi%hour ~he written consent of AmeriDa~a. AmeriData reserves ~he right to subcontract Covered Mainten~ce to third p~:ies %o provide op:lm~ service %o Customer. 14. GENERAL PROVISIONS: This Agreement will be governed by the laws of the S:a:e of Minnesota ~d constitutes the entire~reement between ...... the parties with respect to maintenance of Equipment, ~d shall supercede all previous commitments and writings with respec: to matters set forth herein. This Agreemen: may be modified only by awrlZing signed by the authorized ~ent of bo~h parties. The terms provisions of %his Agreement will prevail over any confllcZing, additional, or other terms appearing on any purchase order or other correspondence submitZed to AmeriData by Customer at ~y time. Agreed to and accepted by: ~ Customer Authorized Signature N--~-~--(Type or Print) Phone Date Agreed to and accepted by: Ameridata Systems Inc. Authorized Signature I ~ Patrick E. Michels ~N--~-~--(Type or Print) 536-6020 8-6-86 Fhone Date