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NEC NEC Unified Solutions , Inc . rates for the next extension at least thirty (30) days prior to the anniversary date of the original agreement . Unless Customer exercises its right to terminate as set forth above , the Customer shall be deemed to have agreed to the adjusted service rates for the next extension . 3 . SERVICE FEE (a) Customer agrees to pay the fee indicated in the Pricing & Payment of this SOW for the initial term of this Attachment . ( b) The fees under this Coverage do not include federal , state , or local taxes that may be applicable ; such taxes will be additional billable items , which Customer agrees to pay unless Customer provides NEC Unified Solutions with appropriate tax exemption documentation . Tax is not applicable - IRC is local government . 4 . LIMITATION OF LIABILITY IN ADDITION TO THE LIMITATIONS SPECIFIED BY THE APPLICABLE MASTER PURCHASE AGREEMENT , IN ALL SITUATIONS INVOLVING PERFORMANCE OR NONPERFORMANCE BY NEC Unified Solutions UNDER THIS COVERAGE , THE CUSTOMER ' S SOLE AND EXCLUSIVE REMEDY IS TO ( 1 ) TERMINATE THIS AGREEMENT BY WRITTEN NOTICE TO NEC Unified Solutions , AND ( 2 ) TO RECEIVE A PRO RATA REFUND OF ANY PRE - PAID MAINTENANCE SERVICE CHARGES , LESS ANY SUMS DUE AND OWING NEC Unified Solutions . 5 . EXCLUSIONS (a) This Coverage will not cover repair work in replacement of battery back up or expendable items such as headsets , paper , diskettes , and printer ribbons . This Coverage also will not cover service required when due to : ( i) Customer' s unauthorized maintenance or repair of the Equipment , (ii) Customer' s unauthorized add , move , or changes to the Equipment, (iii) negligence , (iv) abuse , (v) connection to inappropriate power supplies , (vi) fire , flood , wind , lightning , or other similar acts of God , (vii) failure of Customer to maintain proper environmental conditions for the System (as stated in ( b) below) , (viii) improper wiring , installation , repair, or alteration of the Equipment by anyone other than NEC Unified Solutions or its agents , (ix) software changes or attempted software changes in the System by persons not authorized by NEC Unified Solutions , or (x) data base reprogramming required because of Customer error of any kind . If requested by Customer, repairs necessitated by any of the above excluded causes shall be performed by NEC Unified Solutions at NEC Unified Solutions' prevailing local rates for such services and/or materials . ( b) The Customer is responsible for maintaining suitable environmental conditions for the System . Suitable conditions shall include , but not limited to , the provision of proper electrical power, air conditioning , and humidity control , and other environmental requirements described in Schedule B . The presence of asbestos , other hazardous materials , or unsafe conditions (" Hazards") on the Premises shall be deemed an unsuitable environment for the System and NEC Unified Solutions shall be entitled to cease performance under this Agreement until such Hazards have been cured to NEC Unified Solutions' satisfaction . Furthermore , Customer will indemnify and hold harmless NEC Unified Solutions or its subcontractors or agents for harm caused by , or measures taken to deal with , such Hazards . 6 . ACCESS Customer agrees to provide full accessibility to the Premises for NEC Unified Solutions' employees to perform services and will make available to NEC Unified Solutions a reasonable amount of secure space for storage by NEC Unified Solutions of such maintenance parts as NEC Unified Solutions deems necessary. 7 . TERMINATION NEC Unified Solutions, Inc. Proprietary and Confidential 25 of 32 1001776 v . 1 9/6/2005