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SERVICE AGREEMENT 1 This is a service Agreement between EMR "Technologies Inc. d/b/a Replay Systems (Replay Systems) and Indian River County, a political subdivision of the State of Florida (hereinafter referred to as the Purchaser)_ The Agreement outlines the conditions whereby Replay Systems will provide service for the equipment identified in appendix 2 . 1 . TERM The initial term of this Agreement shall be one ( 1 ) year from the date this Agreement is approved by Purchaser, subject to early termination in accordance with its terms. This Agreement may be renewed by mutual agreement of the parties for two (2) additional terms of one ( 1 ) year each, subject to early termination in accordance with its terms. 2. SERVICE Level Three Service is provided at a charge of $ 5,231 . 20 . Replay Systems agrees to provide 24 hour telephone consultation, 365 days a year. Replay Systems agrees to provide local on-sits service to Purchaser Monday - Friday, 8 :00 a .m . - 5 : 00 p .m. , local time, except for holidays listed in Appendix 1 . Replay Systems Service Technicians dispatched by the Replay Systems Service Headquarters are to arrive at the Purchaser's place of business within 24 hours from notification by the customer of a known or suspected failure of one or more pieces of equipment covered by this agreement.. Replacement parts will be furnished and installed by Replay Systems Service Personnel at no extra charge. The parts replaced become the property of Replay Systems. Component parts, assemblies, or subassemblies may be replaced with new or refurbished items at Replay Systems' option. If parts must be replaced due to causes other than normal wear and tear, Replay Systems will charge the price in effect at the time for such parts and all reasonable expenses associated with Replay Systems' cost to replace said parts, in which case the parts replaced. become the property of the Purchaser. In the event that a required spare part is not locally available and the failed part cannot be repaired by the local Service Technician, parts will be shipped immediately by Replay Systems or its supplier via 24-hour express service to arrive the next morning following notification (Monday through Saturday), contingent on such notice being provided prior to 4 :00 p .m. Eastern time. When notification is received after this time, the parts will be shipped no later than the following morning. If it is determined by Replay Systems' Service Manager that a particular replacement part is critical for the system to be operational, The Manager may decide to ship such part via the same day airline service. In the case of a weekend emergency, notification prior to 2 : 00 p .m. Saturday enables Monday a.m. delivery. Replay Systems will deliver and install, at no additional cost, hardware and software Field Engineering Change Orders on the equipment covered by this agreement . Under this Service Agreement, Replay Systems resolves to work toward giving your System availability approaching 100%. In order to do this, Replay Systems may, based on technical judgments made by Replay Systems Service Personnel , request to be able to monitor machine functions via its Remote Diagnostic Facility (RDF), but always with prior knowledge, approval, and cooperation of the Purchaser. At such time Replay Systems may also make changes to the resident software, but never in a way that would knowingly disrupt normal operations, violate security, or disturb the purchaser's records . In addition, Replay Systems may, from time to time, recommend and initiate replacement of suspect component parts at no expense to the Purchaser, but with their planned cooperation regarding replacement work. This will always be done with every intention of minimizing disruption . Finally, if Replay Systems deems it advisable for a Factory Service Technician to visit and perform machine or operational remediation on-site, such a trip will be initiated by Replay Systems, but with the full knowledge and cooperation of the purchaser. The full expenses for such travel including per diem, living expenses and all incidental costs relating to either the trip or the service work will be paid by Replay Systems resulting in no cost to the Purchaser. An exception to this is if it is determined that the problem developed from a part damaged by causes other than normal wear and tear, in which case travel expenses shall not exceed those set forth in Section 112 .061 , Florida Statutes (2001 ), as maybe amended. The purchaser will maintain the environmental conditions as specified by Replay Systems on-site representatives. These conditions will be within the common environmental range of all system components.