Laserfiche WebLink
forth in, the applicable manuals and Documentation provided by Xerox. Customer agrees <br />to purchase all referenced parts, tools, and supplies needed to perform those procedures that <br />are described in the applicable manuals and instructions. <br />MS 1.4 Installation Site and Meter Readings <br />In order to receive Maintenance Services for Equipment requiring connection to a PC or <br />workstation, Customer must utilize a PC or workstation that either (i) has been provided by <br />Xerox or (ii) meets Xerox's published specifications. The Equipment installation site must <br />conform to Xerox's published requirements. If applicable, unless otherwise set forth in an <br />Order, Customer agrees to provide meter readings in the manner prescribed by Xerox. If <br />Customer does not provide Xerox with meter readings as required, Xerox may estimate <br />them and bill Customer accordingly. <br />MS 1.5 Remedy <br />If Xerox is unable to maintain the Equipment as described above, Xerox will replace the <br />Equipment with an identical product or, at Xerox's option, another model with comparable <br />features and capabilities. If replacement Equipment is provided pursuant to this Section, <br />there shall be no additional charge for its provision by Xerox during the initial lease term of <br />the Order and it shall be subject to the terms and conditions of this Agreement and the <br />applicable Order(s). This remedy applies only if the Equipment has been continuously and <br />exclusively maintained by Xerox or its designated service provider from the Date of <br />Installation. Customer's use of non -Xerox approved consumables that affect the <br />performance of the Equipment may invalidate this remedy. <br />MS 1.6 Charges for Maintenance Services <br />Except as otherwise stated in an Order, Xerox may annually increase charges for <br />Maintenance Services. <br />MS 1.7 End of Service <br />Xerox has no obligation to maintain or replace Equipment beyond the "End of Service" for <br />that particular model of Equipment. End of Service ("EOS") means the date announced by <br />Xerox after which Xerox will no longer offer Maintenance Services for a particular <br />Equipment model. An EOS Equipment list is available upon request. <br />MS 1.8 Remedy for Default (applies to Purchase with Maintenance Orders, and <br />Maintenance Services Only Orders) <br />Unless otherwise agreed to by the parties in an Order, if Customer defaults under this <br />Agreement or a Maintenance Services Order, Xerox, in addition to its other remedies <br />(including the cessation of Maintenance Services), may require immediate payment, as <br />liquidated damages for loss of bargain and not as a penalty, of (a) all amounts then due, <br />plus applicable interest on all amounts due from the due date until paid (at the rate <br />established pursuant to § 55.03(1), Florida Statutes, for Customer, or the highest rate <br />allowed by applicable law, or, absent such law, the rate of 1.5% per month for Non - <br />Affiliated Eligible Entities; (b) the lesser of (i) the remaining minimum periodic base charge <br />in such Maintenance Services Order's term, not to exceed six (6) such (minimum periodic <br />base charge) payments for one year Maintenance Services Orders, or twelve (12) such <br />payments for multi-year Maintenance Services Orders; and, (c) all applicable Transaction <br />Taxes. <br />[Remainder of page left intentionally blank] <br />FL -University of So. Florida Master Agreement 35 11/24/2017 <br />202 <br />