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IWS Renewal Maintenance Agreement 10/5/2001 including without limitation, any electrical power, air conditioning, or humidity control failure or changes to the environment of the System site, 2.7.2 Use of supplies or materials not approved by IWS, or by the equipment manufacturer, 2.7.3 Use or attempted use of the System or any component thereof for any purpose other than that for which it was acquired, 2.7.4 Alterations to the System hardware or software (including operating system(s), operating system service packs, drives, or applications) other than alterations installed by, provided by, or approved in writing by IWS, 2.7.5 System failure caused by alterations to the System performed by non-IWS representatives using the NT server administrator password, 2.7.6 Connection of the System by mechanical or electrical means to any other machine, equipment or device, other than those installed by or approved in writing by IWS, 2.7.7 Any changes in the CITY's network or in IP addresses that relate to or affect the System, other than those approved in writing by IWS, 2.7.8 The removal, transportation or relocation of the System by any person other than IWS's personnel, 2.7.9 Neglect or misuse of the System by CITY or any third party, 2.7.10 Any other intentional or negligent damage to the System by the CITY or third ply, 2.7.11 Any other failure by CITY to comply with its obligations under this Agreement or the Purchase and License Agreement, or 2.7.12 Any damage caused by other than normal operating conditions or events, including without limitation, accident, transportation, neglect, misuse, lightning, failure or fluctuation of electrical power, temperature or humidity changes, telephone equipment or line failure, failure of foreign interconnect equipment and acts of God. 2.8 Replacement or Rem. In performing Preventive Maintenance and Remedial Maintenance, IWS shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item; provided, however, that any such replacement shall be a functional equivalent. Page 5 ver 02-29-01