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"National Proprietary Software" shall mean the Software and Related Documentation owned or <br />developed by or on behalf of National that is used in connection with the Services. <br />"National Software" shall mean the National Proprietary Software and the National Third -Party <br />Software, collectively. <br />"National Third -Party Software" shall mean the Software and Related Documentation licensed <br />or leased by National from a third -party that is used (1) in connection with the Services or (2) <br />with any National Proprietary Software. <br />"National" shall have the meaning set forth in the Preamble. <br />"Non -accessible Meter" means any meter that has imminent failure of plumbing, rotted pipes, <br />preexisting leaks or plumbing that is not conforming to local plumbing code, meters that are hard <br />piped (no couplings), customer refusal of service or customer refusal of RF Integrated equipment <br />being installed, appointments that require access to secure or locked areas and customer does <br />not make arrangements, hazardous materials in meter box or on piping IE Asbestos lined pipes, <br />and when National has made attempts multiple attempts to access meter as defined in <br />"Accessible Meter". <br />"On -Site Repairs" shall mean any repairs required after installation resulting from improper <br />installation or oversite on the installation crew <br />"Out -of -Pocket Expenses" shall mean reasonable, demonstrable and actual out-of-pocket <br />expenses incurred by National for Equipment, materials, supplies or services provided to or for <br />IRC as identified in this Agreement, but not including National's overhead costs (or allocations <br />thereof), internal administrative expenses or other mark-ups. <br />"Out -of -Scope Service(s)" shall mean any service that is outside the Scope of the Services. <br />"Parties" shall have the meaning set forth in the Preamble. <br />"Party" shall have the meaning set forth in the Preamble. <br />"Pass -Through Expenses" shall mean third -party charges that are paid by National and for <br />which National is reimbursed. Pass -Through Expenses exclude National's overhead costs (or <br />allocations thereof), internal administrative expenses or other markups. <br />"Preamble" shall mean the first paragraph of this Agreement. <br />"Privacy Laws" shall have the meaning set forth in Section 18.03. <br />"Prohibited Items" shall have the meaning set forth in Section 8.04(3). <br />"Re -source" shall have the meaning set forth in Section 4.04. <br />75 <br />