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8. SERVICE EXCLUSIONS <br /> Notwithstanding any other provision of the Agreement, this Service does not include repairs to mattresses, broken I.V. poles, or any other <br /> service made necessary by abuse, misuse, negligence, accident, catastrophe, act of God or any malfunction resulting from faulty <br /> maintenance, improper repair, damage and/or alteration by non-Stryker Medical personnel. <br /> 9. WARRANTY LIMITATIONS <br /> During the term of this Agreement, Stryker Medical will maintain the Equipment in good working condition during Stryker Medical's normal <br /> working hours. There are no express or implied warranties by Stryker Medical other than the warranties hereinabove described with respect <br /> to the Equipment. r <br /> oF ra _q llng fFAm the Fepaw ef any pmdwGt fum shed hareupdw Shall IS AG event exseeell thel; imp .pgid f-F 981d FepaiF Wlliel�� <br /> otwithstanding the foregoing , nothing <br /> herein shall be deemed to disclaim Stryker Medical's liability to third parties resulting from the sole negligence of Stryker Medical as <br /> determined by a court of law. <br /> 10. EQUIPMENT SCHEDULE CHANGES <br /> During the term of the Agreement and upon Stryker Medical's written consent, which will not be unreasonably withheld, additional equipment <br /> may be included in this Agreement. All additions are subject to the terms and conditions contained herein. Stryker Medical shall adjust the <br /> charges and modify the Agreement to reflect the additions. <br /> 11 . ACCEPTANCE-LENGTH OF AGREEMENT <br /> To receive the desired service, on the terms described herein, please indicate CUSTOMER's acceptance by signing this Agreement where <br /> indicated on page 2 hereof and returning to Stryker Medical all copies of the Agreement within thirty (30) dans of the DATE OFFERED date <br /> indicated on page 2 of this Agreement. This Agreement can be canceled by either party by giving at least thirty (30) days prior written notice <br /> of any such cancellation to the other party. If this Agreement is canceled during or before the expiration date of the Agreement set forth on <br /> page 2 hereof, CUSTOMER will be charged for the months covered during contract period and for all parts, labor, and travel need to <br /> maintain the Equipment during the Agreement period with no eariy cancellation penalties. <br /> 12. PERFORMANCE EXCLUSIONS <br /> Service and articles delivered by Stryker Medical hereunder shalt be subject to and conditional upon floods, strikes, other labor disturbances <br /> (regardless of the reasonableness of the demands of labor), riots, fires, accidents, wars (present and future), embargoes, delays of carders, <br /> inability to obtain raw materials, failures of normal sources of supply, restraints of government or any other rause (whether similar or <br /> dissimilar to the foregoing) beyond Stryker Medical's reasonable control. <br /> 13. SEVERABILITY OF PROVISIONS <br /> The invalidity, in whole or in part, of any of the foregoing paragraphs, where determined to be illegal, invalid, or unenforceable by a court or <br /> authority of competent jurisdiction, will not affect or impair the enforceability of the remainder of the Agreement. <br /> 14. GOVERNING LAW <br /> This Agreement shall be construed and interpreted in accordance with the laws of the State of f <br /> r <br /> MB Indian River County EMS Silver 2007-08 <br />