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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 /> Fnr 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 I D / 1 <br /> vV � � l 4Ls— o_rn �t f-5 . r Lo=o-1 'OVafn l �'BnA� <br /> I Page 4 of 12 0- -l0 <br /> AT&T and Customer Confidential Information <br />