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aw <br />Special Service Arrangement Agreement <br />Case Number FL08-3607-01 <br />Customer's completion and Company's acceptance of a written change order, which will include <br />any additional charges to Customer. <br />d) Customer acknowledges that it has reviewed the proposed configuration and the storage sizing is <br />adequate for the current site operations. Future operational changes or additional storage <br />requirements may necessitate additional equipment which will be billable to the Customer. <br />18. Mainte nance <br />a) If applicable, maintenance service commences at the earlier of the Service acceptance or the <br />date that the Customer begins using the Service for its intended operational purpose. <br />Maintenance may be provided via repair, replacement, or upgrade of defective equipment at <br />Company's option. If on-site manufacturer service is required, it will be provided at <br />Company's then current commercial rates. <br />b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the <br />Order. The initial term shall be automatically renewed for successive terms of one (1) year <br />each at Company's then -current rates. Either party may elect not to renew maintenance <br />service by giving the other party written notice at least thirty (30) days prior to the end of the <br />then -current term. <br />19. Re medies and Damages Limitations. <br />a) The following limitations of liability represent a material inducement to the parties to enter <br />into this Agreement and to perform Orders at the stated price. If additional risks or <br />undertakings were contemplated by Company, the additional risks or undertakings would <br />have been reflected in an increased price. In contemplation of the price; Customer <br />acknowledges that there is consideration for the limitation of damages and remedies set forth <br />T,} above and as follows. <br />( b) NYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE <br />p� ����— ,.I l� CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR <br />tt�� " I MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, <br />n EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING <br />�/� WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER <br />UNAUTHORIZED USE; OR LOSS OF USE ttTHIS LIMITATION OF LIABILITY WILL <br />APPLY WHETHER ARTY CLAIM IS BASED ON ^^,.,T� ^ ^T ^^�^ Dn ^ **T^' <br />Fn1 TPV(rW nu QTWER TQPlT BREACH OF STATUTORY OR OTHER LEGAL <br />DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE, <br />WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSIBILITY OF <br />SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY <br />DEFAULT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED. SHALL BE <br />LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE <br />OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED <br />AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR <br />OR REPLACEMENT 1S NOT REASONABLY AVAILABLE. <br />20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept <br />conforming equipment or Services, Company may exercise all remedies to which Company may be <br />entitled at law or in equity, including specific performance. Additionally, Company may declare all sums <br />due or to become due hereunder immediately due and payable, and Company shall be entitled to recover <br />all collection costs incurred, including legal interest. In addition, for -payments 04 RgeiAikd 111444A &14i <br />rzm a.,.,s of iho , 1 I D <br />. r �A.1� 1!=' A <br />I Page 4 of 12 0- -l0 <br />AT&T and Customer Confidential Information <br />4L - <br />