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Last modified
10/3/2018 7:56:02 AM
Creation date
10/2/2018 10:41:15 AM
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Contracts
Company Name
OPEX CORPORATION
Contract #
A-2002-031-07
Agency
Finance & Management Services
Expiration Date
6/30/2020
Insurance Exp Date
10/1/2018
Destruction Year
2025
Notes
A-2002-031-06
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EXHIBIT "I" <br />*NOTE: In the event that Equipment usage is extraordinary, Vendor, in its sole discretion, reserves <br />the right to establish an Additional Usage Charge for this Equipment after providing Customer written <br />notice. <br />3.3 Maintenance Service Coverage Hours, Generally. All Equipment located at a particular Site <br />must be maintained during the same Maintenance Service schedule ("Coverage Hours'). Coverage Hours <br />shall be governed by the terms and conditions set forth below. <br />3.3.1 Coverage Hours for a Site with an Eagle or System 150. For a Site with an Eagle <br />or System 150, Coverage Hours shall be one (1) consecutive five (5) day per week period, eight (8) <br />consecutive hours per day, excluding "Vendor Holidays" (as defined in Paragraph 3.5 below). Customer shall <br />designate the Coverage Hours, which shall be the same each day, and for all Equipment located at the <br />particular Site. Upon thirty (30) days written notice, Customer may shift the eight (8) consecutive Coverage <br />Hours. <br />3.3.2 Coverage Hours for a Site without an Eagle or System 150. For a Site without an <br />Eagle or System 150, Coverage Hours shall be 7:00 am to 3:00 pm (Site local time), Monday through Friday, <br />excluding Vendor Holidays. <br />3.4 Altering Coverage Hours. Customer shall be able to increase, decrease or shift, the Coverage <br />Hours for a Site. However, in no event, may the Coverage Hours be decreased to less than forty (40) hours <br />per week. <br />3.4.1 Increasing Coverage Hours. Upon thirty (30) days written notice, Customer may <br />increase the Coverage Hours for a particular Site. Any increase in the Coverage Hours shall be subject to <br />Vendor personnel availability and subject to Vendor's then current rates based upon half shift increments. <br />3.4.2 Decreasing Coverage Hours. Upon sixty (60) days written notice, Customer may <br />decrease the Coverage Hours for a particular Site. This 60 -day notice period applies to any decrease in <br />Maintenance Service, including removing Equipment or Equipment options, reducing the number of covered <br />shifts, or total termination of Maintenance Service for a Site. The notice period shall begin to run from the <br />date on which Vendor receives the written notification. Upon receipt of the 60 -day notice, Customer will be <br />provided a credit for any unused Maintenance Service towards future Equipment or Maintenance Service, <br />calculated from the date of the expiration of the sixty (60) day period. <br />3.4.3 Shifting Coverage Hours. Upon thirty (30) days written notice, Customer may shift <br />the Coverage Hours for a particular Site. Any shift in the Coverage Hours shall be subject to Vendor personnel <br />availability and subject to Vendor's then current rates. <br />3.5 Vendor Holidays. Vendor observes the following holidays: New Year's Day; President's Day; <br />Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving; <br />and Christmas Day. Upon thirty (30) days written notice, Customer may obtain Maintenance Service coverage <br />on Vendor Holidays. Vendor Holiday coverage shall be subject to Vendor personnel availability and subject <br />to Vendor's then current rates. <br />3.6 "Weekend" Coverage. Upon thirty (30) days written notice, Customer may obtain Maintenance <br />Service coverage on the two days per week not covered pursuant to either Paragraph 3.3.1 or Paragraph <br />3.3.2 above, whichever is applicable ("Weekend Coverage'). Weekend coverage shall be subject to Vendor <br />personnel availability and subject to Vendor's then current rates. <br />3.7 Invoicing. Vendor shall invoice Customer annually in advance for the Standard Maintenance <br />Charge. Any additional service charges (e.g. machine restoration pursuant to Paragraph 1.3, Weekend <br />Coverage, etc.) shall be invoiced quarterly in arrears. Terms of payment are net thirty (30) days from date the <br />invoice is issued. Late payments shall bear interest at the lesser of (i) 2% per month or (ii) the highest <br />permissible rate by law, payable monthly. <br />4. PROPRIETARY TECHNOLOGY AND DIAGNOSTICS:CONFIDENTIALITY. <br />4.1 Technology. Vendor holds intellectual property rights in the Equipment, which includes the <br />Equipment's computer operating system, software components and mechanical components (collectively <br />"Technology"). No licenses, either express or implied, under any patents are granted by Vendor to Customer <br />hereunder, except as expressly stated herein. Customer agrees that it shall not copy, remove, use (except <br />OPEX MASTER MAINTENANCE AGREEMENT Page 3 <br />
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