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FIRST ADDENDUM EXHIBIT A To Agreement between Colossus , Incorporated , d / b /a InterAct Public Safety Systems and Indian River County , Florida 4 . Exclusions The Equipment Maintenance Fee does not include and Customer agrees to pay for : a . Services required by causes external to the System , including but not limited to : ( i ) Causes other than ordinary use by Customer ( including any force majeure ) . ( ii ) Deliberate or negligent acts which damage or modify the Equipment ( including System repair, relocation or modification ) by anyone other than InterAct or its employees , agents or subcontractors . ( iii ) Failure to provide a suitable operating environment ( e . g . , improper power distribution or insufficient air conditioning , overburdened network , improperly configured telecommunications system or routers , etc . ) . ( iv ) Changes to Customer's telecommunications system , databases , LAN / WAN , applications or other environmental factors after the System is initially cut- over for production use . ( v ) Ordinary wear and tear . ( vi ) Services and replacement not covered by or outside the repair/ replacement plans available from the applicable Equipment manufacturer at the time of purchase . b . Maintenance , programming and/or telephone support for Customer' s use of or compatibility problems from software or equipment not purchased from InterAct . c . At Customer' s written request and subject to availability of InterAct resources , InterAct will assist Customer in the redefinition and/ or reconfiguration of the originally installed System to satisfy Customer' s then - current requirements ( e . g . , file transfer requirements , screen definitions , Customer applications , programmable function keys , etc . ) . A one - day minimum billable charge will apply to any such assistance . d . All travel and living expenses incurred by InterAct due to Customer's request for onsite Services ordered by Customer . e . All replacement cost after the earlier of five years from the date Customer orders the Equipment or the expiration of the original equipment manufacture 's warranty or field service agreement . s . Customer ' s Responsibilities Customer agrees to cooperate with and provide to InterAct : a . Remote and on - site access to the Equipment ; b . Use of required equipment , attachments, features or communications facilities to facilitate service ; and c . Reasonable assistance to perform remote diagnostics . Customer also shall perform routine operator maintenance according to procedures in the applicable Equipment documentation . d . It shall be the responsibility of the Customer to maintain all operating system and firmware updates , including version releases , patches and service packs for any third party software that has been installed by InterAct . 14 InterAct Public Safety Systems Master Purchase , License & Services Agreement v3 . 0 FCFM -0011 - 1 ( 2011 -05-06 )