Period thereof. Generally, Routine Maintenance Services shall include cleaning, lubrication, diagnostic
<br />check, and calibration services. The Routine Maintenance Services shall not include the repair or
<br />replacemerit of any ES&S Equipment components that are consumed in the normal course of operating
<br />the Equipment, including, but not limited to, printer ribbons, printer cartridges, paper rolls, batteries,
<br />removable media storage devices, PCMCIA cards or marking devices. Customer may request that
<br />Routine Maintenance Services be performed more than once during the Initial Term or any Renewal
<br />Period. Any such request. shall be made at least .sixty (60) days before the Routine Maintenance
<br />Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on
<br />Schedule Al and shall be due within thirty (30) days after invoice date. At the request of Customer,
<br />ES&S shall provide a reasonably detailed record of all Routine Maintenance Services performed with
<br />respect to the Products. ES&S Will schedule the Routine Maintenance Services with Customer. The.
<br />Routine Maintenance Services Will be provided at Customer's Designated Location. Customers
<br />"Designated Location" shall mean Customers owned or leased facility at which Customer desires
<br />ES&S to perform the Hardware Maintenance Services.
<br />'Repair Services.
<br />I. Defects Under Normal Use and Service. If a defect or malfunction -occurs In
<br />any Product while it is under normal use and service, Customer shall promptly notify ES&S, and
<br />ES&S .shall use. reasonable. efforts to restore the Item to Normal Working Condition as soon as
<br />practicable. The services provided by ES&S pursuant to this Subsection 1(b)(1) are referred to
<br />herein at "Repair Services`. EUS Will perform Repair Services in conjunction with a Routine:
<br />Maintenance Service event at the Customees Designated Location.
<br />IL Defects Due to Customer Actions or Omissions. If a defect or malfunction,
<br />occurs in any Product as a result of (1) repairs, changes, modifications or alterations' not
<br />authorized or approved by ES&S, (Z) accident, theft, vandalism, neglect, abuse or use that Is not
<br />In accordance withinstrUctiorts or specifications fumished by ES&S or (3) causes beyond the
<br />reasonable control of ES&S or Customer, Including acts of God, fire, flooding, dots, acts of war,
<br />terrorism or. Insurrection, labor disputes, transportation delays, governmental Tegulatipris, and
<br />utility or communication interruptions, rodent Infestation, or if Customer does not notify ES&S
<br />within 72 hours after it knows of the defect or malfunction or Is otherwise not in compliance with
<br />its obligations hereunder. Customer, shall pay ES&S for the Repair Services at ES&S' then-
<br />-current rates, as well as for the dost of all parts used In connection with such Repair Services,
<br />Ill. Timing. The date(s) on which any Repair Services shall be provided shall .be
<br />mi#uallyagreed upon by EMS and Customer. If Customer requires ES&S to provide
<br />Aernorgoncy" Repair Services (which shall be defined as Repair Services that are provided by
<br />ES&S within 46 -hours afterCustorner notifies ES&S of the need therefore), and such "pr9endy
<br />Repair Sorvicesere not needed as a result of an action, error or omission by ES&S, Customer
<br />shall pay, a surqhatgs, asset forth on Schedule Al
<br />iv. Loaner Unit. At Customer's request -and N such product is available, ES&S shall
<br />use reasonable efforts to promptly make available to Customer a product that Is the same as, or
<br />substantially similar 10, the Product for which Repair Services are being performed (a *Loaner
<br />-
<br />Unit*)., If the: Repair Services; are Wing performed pursuant to Subsection 1(b)(0) aborta;
<br />Customer thall pay ES&S: for the use of the Loaner Unit at ES&S' then -current rates Including
<br />the cost of shipping.
<br />C. Exclusions, ES&S has no obligation under this Agreement to (I) assume the,
<br />obligations under any existing or expired warranty for a, Third Party Item; (ii) repair or replace. Product
<br />components that are consumed In, the normal course of operating the Product including, Out not limited
<br />to; printer ribbons, printer cartridges, paper rolls, batteries, removable media storage -devices, PGMCIA
<br />cards or -marldrig devices, Ot (01i)repair any Product from Which the serial number has basin removed :or
<br />altered. In addition, ES&S may, .at any the in its discretion, determine that -any Productis no longbr**
<br />for Hardware Maintenance Services because itis in such poor condition that it cannot practically be
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