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restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an
<br />expense that is less than the then -current value of the Product. If such a determination is made, ES&S
<br />shall no longer be required to provide Hardware Maintenance Services for such Product. ES&S shall
<br />also refund to Customer an amount equal to (1) that portion of the most recent fee paid for Hardware
<br />Maintenance Services that is attributable to such Product, multiplied by (2) a fraction, the numerator of
<br />which Is the remaining number of days in the respeotive period within. the Initial Term or Renewal
<br />Period for which such fee was paid and the denominator of which is the total number of days in the
<br />respective period within such initial Term or Renewal Period.
<br />d. Sole Provider: Access. Customer shall not permit any individual other than an ES&S
<br />Representative to provide -maintenance or repairs with respect to the Products for so long as the Initial
<br />Term or any Renewal Period is in effect. Customer shall provide ES&S Representatives with all
<br />information necessary to enable them to provide Hardware Maintenance Services. Ctistorner shall,
<br />likewise provide full access to the Products and adequate working space for all Hardware Maintenance
<br />Services performed at Its Designated' Location, including sufficient heat, rights, ventilation, electric
<br />current and outlets.
<br />e. Stora-ge. When not in use, Products should be stored In a clean, secure environment.
<br />During operation of the Products, the facifity 1emperature'range, should be 50* to 104* and the moisture
<br />range should be 10% to 50% relative humidity,
<br />f. Reinstatement of Hardware Maintenance Services: inspection. If the Initial Term
<br />or any Renewal Period thereof expires without being renewed, Customer may thereafter resume
<br />receiving Hardware Maintenance Services upon (a) notification to. ES&S and (b) the granting to ES&S,
<br />of access to the Products. EM requires Customer 'to, allow it to inspect such Products before it
<br />provides any Hardware Maintenance Services. *The purpose of such inspection shall be to determine
<br />whether or not the Products are in Normal Working Condition. The cost of such inspection will be at
<br />ES&S' then current rates and shall be due from Customer within thirty (30) days of its receipt of ES&S'
<br />invoice therefore. If any of the Products Is not In Normal Working Condition, ES&S, at the option of
<br />Customer, 01 shall provide such repairs and replacements As it deems reasonable and necessary to
<br />restore such Rem to Normal Working Condition, at Customer's expense with respect to the cost of any
<br />labor (chargett at ES&S' then current -rates) and parts used in such repairs or replacements, or (0) shall
<br />not provide any Hardware Maintenance Services with respect to such Product(s).
<br />ARTICLE. II
<br />SOFTWARE- LICERM MAINTENANCE AND WJEPORT SERVICES
<br />1 License and ServicesProvided. FES&S shall provide license, maintenance and support services
<br />("Software License, Maintenance and Supporr) for the' S&S Software and.ES&S Firmware (collectively, "IES$,S
<br />Software"), to allow customer to continue to license- and use the -software in accordance with the license terms set
<br />forth in Sections 2-4 of the General Terms as well as to enable it to perform in accordance with its Documentation
<br />in all material respects, and to cure any defect in material or workmanship. The specific Software License,
<br />Maintenance and Support services provided -by ES&.8and each party's -obligations with respect to such services,
<br />are set forth on Schedule Al
<br />2. Updates. During the Initial Term and any Renewal Period thereof, ES&S may continue to provide
<br />Updates in accordance with the terms of Section 6 of the General Terms.
<br />3. Conditions. E,,$&S shall not provide Software License. Maintenance and Support for any item of
<br />ES&S Software 'lf such Item requires such :services as result. of (a) repairs, changes, modifications or afterationd
<br />not authorized or approved by ES&S,, (b) accident, theft, vandalism, neglect, abuse or use that it not in accordance
<br />with instructions or specifications furnished by ES&S,, (c) causes beyond the reasonable control of ES&S or
<br />Customer, 'including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation
<br />delays, governmental regulations --arid,ubtilty'or communication interruptions, (d) Customer's failure to timely and
<br />properly Install and use the most.recent update provided to it by ES&S,(e) Cuilttimefs failure to notify ES&S within
<br />three (3) business days after Customer khoWs of the, need for such services, or (f) if Customer Is otherwise not In
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