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WARRANTY Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or a part was provided . Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be defective , without any additional Customer charge , provided Customer notifies Physio-Control of any allegedly defective condition within ten ( 10) calendar days of its discovery by Customer. Physio-Control makes no other warranties , express or implied , including , without limitation , NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE , AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES . TERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other, except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make timely payments for services rendered under this Technical Service Support Agreement. In the event of termination , Customer shall be obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination . DELAYS Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control , including , but not limited to , acts of God , labor disputes , labor shortages , the requirements of any governmental authority, war, civil unrest, delays in manufacture , obtaining any required license or permit, and Physio-Control's inability to obtain goods from its usual sources . Any such delay shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay . MISCELLANEOUS a ) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Term of this Technical Service Support Agreement or for one ( 1 ) year following its expiration without Physio-Control's prior written consent b) This Technical Service Support Agreement, and any related obligation of other party , may not be assigned in whole or in part without the prior written consent of the other party . c) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by the laws of the State in which the service is provided . All costs and expenses incurred by the prevailing party related to the enforcement of its rights under this document, including reasonable attorney's fees , shall be reimbursed by the other party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . END . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reference Number: V63 - 1400 Addendum Printed : 11 /9/2009 Page 3 of 10