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8. SERVICE EXCLUSIONS Notwithstanding any other provision of the Agreement, this Service does not include repairs to mattresses, broken I.V. poles, or any other service made necessary by abuse, misuse, negligence, accident, catastrophe, act of God or any malfunction resulting from faulty maintenance, improper repair, damage and/or alteration by non-Stryker Medical personnel. g. WARRANTY LIMITATIONS During the tens of this Agreement, Stryker Medical will maintain the Equipment in good working condition during Stryker Medical's normal working hours. There are no express or implied warranties by Stryker Medical other than the warranties hereinabove described with respect to the Equipment Stryker Medical makes no warranty of merchantability or fitness for a particular purpose with respect to the Equipment or parts thereof. Stryker Medical's liability on any claim whether in contract or otherwise, for any loss or damage arising out of, cormected with or resulting from due repair of any product furnished hereunder shall in no event exceed the price paid for said repair which gives rise to the claim. In no event shall Stryker Medical be liable for incidental, consequential or special damages. Notwithstanding the foregoing, nothing herein shall be deemed to disclaim Stryker Medical's liability to third parties resulting from the sole negligence of Stryker Medical as determined by a court of law. 10. EQUIPMENT SCHEDULE CHANGES During the term of the Agreement and upon Stryker Medical's written consent, which will not be unreasonably withheld , additional equipment may be included in this Agreement. All additions are subject to the terms and conditions contained herein. Stryker Medical shall adjust the charges and modify the Agreement to reflect the additions. 11 . ACCEPTANCE-LENGTH OF AGREEMENT To receive the desired service , on the terms described herein, please indicate CUSTOMER's acceptance by signing this Agreement where indicated on page 2 hereof and returning to Stryker Medical all copies of the Agreement within thirty f301 days of the DATE OFFERED date indicated on page 2 of this Agreement. This Agreement can be canceled by either party by giving at least thirty (30) days prior written notice of any such cancellation to the other party. If this Agreement is canceled during or before the expiration date of the Agreement set forth on page 2 hereof, CUSTOMER will be charged for the months covered during contract period and for all parts, labor, and travel need to maintain the Equipment during the Agreement period with no early cancellation penalties. 12. PERFORMANCE EXCLUSIONS Service and articles delivered by Stryker Medical hereunder shall be subject to and conditional upon floods, strikes, other labor disturbances (regardless of the reasonableness of the demands of labor), riots, fires, accidents, wars (present and future), embargoes, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of goverment or any other cause (whether similar or dissimilar to the foregoing) beyond Stryker Medical's reasonable Control. 13. SEVERABILITY OF PROVISIONS The invalidity, in whole or in part, of any of the foregoing paragraphs, where determined to be illegal, invalid, or unenforceable by a court or authority of competent jurisdiction, will not affect or impair the enforceability of the remainder of the Agreement. 14. GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of MB Indian River EMS Silver 2008-07