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Indian River Courthouse, Florida luvll � Maintenance Contract — Agreement No. # IRC0001 -04152004=1 =SY1 =R times will be billed on an hourly basis at $ 150 . 00/hour for weekends and $ 150 . 00/hour for holidays ( a list of holidays can be found in Appendix B ) . These hours will be logged and shown as a separate line on the invoice . d . Calls for Corrective Maintenance received after normal working hours will be responded to during the next day of contracted hours of service as defined in section 2 . 2 . e . Corrective Maintenance will be scheduled between Monday and Friday . It will be carried out from the time a Service Engineer reaches the site and will continue until the reported failures have been rectified . If access to the courtroom is available the AMI service engineer will continue • beyond the normal working hours with no increase in the hourly rate . NOTE : AMI ' s Service Engineer will endeavor to complete the tasks to the best of his or her ability and within a reasonable time . If work extends into the weekend or a holiday the weekend/holiday hourly rate will apply . f. All Corrective Maintenance calls will be documented by an AMI Service Engineer and presented to Client for review and signature prior to leaving the client' s site . 2 .3 . 3 Preventive Maintenance a . The recommended standard for preventive maintenance is 2 times per year. Preventive maintenance ( PM ) calls will be completed between the months of April and June ( 1St half of year) and between the months of October and December (2nd half of the year) . Scheduling preventive maintenance visits will be the responsibility of the service engineer and client contact. b . Preventive Maintenance will be completed during normal business hours , Monday through Friday , 8 a . m . to 5 p . m . Hours for preventive maintenance will not be counted as corrective maintenance . If corrective maintenance is necessary during a PM visit , the service engineer will inform the client that the repair is outside of the preventive maintenance scope for approval . If approval is granted the hours spent on the corrective maintenance will be applied toward the corrective maintenance support hours of the contract. 2.4. AMERICAN MEGACOM 's LIABILITY AMI ' s liability to the Customer resulting from performance of maintenance service shall be limited • to restoring the equipment covered by this Agreement to good operating condition . AMI ' s Service Engineer will make the determination of whether equipment should be repaired or replaced . 2. 5. MAINTENANCE SERVICE Maintenance service as a result of abuse, negligence, acts of God, fire, rain, flood, wind, earthquake, war, structural failure or failure to operate the equipment in accordance with the power and environmental specification or causes outside the ordinary intended use of the equipment are not covered by this Agreement. AMI will provide these services as a separate contract with a separate scope of work. 3 CHARGES a . AMI reserves the right to increase the Maintenance Charges at any time after the first year of this Agreement. AMI must provide the Customer with a minimum of two (2 ) month ' s notice in writing prior to the termination of that year. Such charges shall be held at a reasonable level in relation to increased labor and material costs . If the maintenance charge is increased and not accepted by the Customer, then the Customer shall be entitled to terminate this Agreement by giving two (2 ) month ' s notice to AMI . In all other cases , the increase in the maintenance charges shall take effect from the date of the expiration of the written notice from AMI . b . AMI reserves the right to discontinue maintenance on obsolete or equipment whose usable life • has expired . AMI must provide the Customer with a minimum of two (2 ) month ' s notice in writing Indian River Dolman Maintenance Rev 2a2004 .doc 3 2004 - 2005