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