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COVERAGE <br /> Unless otherwise set forth in the Exhibits , Stryker Medical will provide Customer the Services Mondays through Fridays, 8 :00 AM to 5 :00 <br /> PM <br /> Customer local time, excluding Stryker observed holidays ( "Service Coverage" ). Unless otherwise set forth in the Exhibits, travel necessary <br /> to perform <br /> the Services during the Service Coverage hours is included . Subject to the availability of personnel and repair parts, Stryker Medical <br /> will provide, at <br /> Customer request and additional expense, service relating to certain excluded items ( invoiced at Stryker Medical' s then current standard <br /> rates for <br /> material and labor) or service outside the Service Coverage hours ( invoiced at Stryker Medical's applicable rates for out-of- hours service <br /> of this type <br /> in effect for service contract customers with this Equipment, including round trip travel time) and Customer will be charged a minimum of <br /> two hours <br /> on-site time plus applicable travel charges per such service visit. Other travel expenses and overnight living expenses will be charged at <br /> actual cost in <br /> accordance with Stryker Medical's standards for business expense reimbursement of its employees . <br /> CUSTOMER RESPONSIBLITIES <br /> During the Term , Customer will ( i ) assure that the Equipment Site is maintained in a clean and sanitary condition and that the Equipment <br /> is cleaned <br /> and decontaminated after contact with blood or other potentially infectious material; ( ii ) operate the Equipment in accordance with the <br /> published <br /> operating instructions and user manual ; and ( iii ) provide Stryker Medical service personnel full and free access to the Equipment at <br />the scheduled <br /> service time. <br /> WARRANTY LIMITATIONS <br /> There are no express or implied warranties by Stryker Medical other than the warranties that accompany the Equipment . Stryker Medical <br /> makes no <br /> warranty of merchantability or fitness for a particular purpose with respect to the Equipment or parts thereof. Stryker Medical 's liability <br /> on any claim <br /> whether in contract or otherwise, for any loss or damage arising out of, connected with or resulting from the repair of any product furnished <br /> hereunder shall in no event exceed the price paid for said repair which gives rise to the claim . In no event shall Stryker Medical <br /> be liable for <br /> incidental , consequential or special damages . Notwithstanding the foregoing, nothing herein shall be deemed to disclaim Stryker Medical ' s <br /> liability to <br /> third parties resulting from the sole negligence of Stryker Medical as determined by a court of law . <br /> 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 <br /> be included in this Agreement. All additions are subject to the terms and conditions contained herein . Stryker Medical shall adjust <br /> the charges and <br /> modify the Agreement to reflect the additions . <br /> 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 indicated <br /> and <br /> returning to Stryker Medical all copies of the Agreement within thirty ( 30 ) days of the date indicated on this Agreement. This Agreement <br /> can be <br /> canceled by either party by giving at least thirty ( 30 ) days prior written notice of any such cancellation to the other party. If this <br /> Agreement is <br /> canceled during or before the expiration date of the Agreement by the Customer or by Stryker Medical for cause, the Customer will be <br /> charged for <br /> the months covered during contract period and for all parts , labor, and travel need to maintain the Equipment during the Agreement period <br /> with no <br /> early cancellation penalties . <br /> PERFORMANCE EXCLUSIONS <br /> Service and articles delivered by Stryker Medical hereunder shall 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 carriers, <br /> inability <br /> to obtain raw materials, failures of normal sources of supply, restraints of government or any other cause (whether similar or dissimilar <br /> to the <br /> foregoing) beyond Stryker Medical 's reasonable control . <br /> 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 <br /> a court or <br /> authority of competent jurisdiction, will not affect or impair the enforceability of the remainder of the Agreement. <br /> CONFIDENTIALITY <br /> This Agreement is confidential . It is not intended for use by anyone other than the representatives of Stryker and its Customer. <br />