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<br />IT SERVICES SHALL NOT BE LIABLE FOR ANY
<br />INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
<br />OR DIRECT DAMAGES, ARISING OUT OF, OR IN
<br />CONNECTION WITH THE FOREGOING WARRANTIES,
<br />OR THE PERFORMANCE OF THIS CONTRACT,
<br />INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE
<br />OR PROFIT, OR LOSS OR CORRUPTION OF DATA. IN
<br />NO EVENT SHALL IT SERVICES BE RESPONSIBLE FOR
<br />DAMAGES IN EXCESS OF THE AMOUNT DUE AND
<br />PAYABLE, OR OTHERWISE OUTSTANDING, UNDER
<br />THIS CONTRACT AS OF THE DATE OF ANY SUCH
<br />WARRANTY CLAIM.
<br />
<br />IT SERVICES MAKES NO REPRESENTATION OR
<br />WARRANTY, EXPRESS OR IMPLIED, REGARDING
<br />YEAR 2000 COMPLIANCE. THAT IS AN ISSUE FOR THE
<br />ORGINAL HARDWARE OR SOFTWARE VENDOR.
<br />
<br />5. CONTRACT ADDITIONS
<br />
<br />In the event Customer purchases additional hardware or software
<br />directly from Intergraph Computer Systems during the term of this
<br />Contract, IT Services will notify the Customer by submitting, in
<br />vmting, a Quote to this Contract reflecting the additional items,
<br />effective date(s) of service, and charges for those items under the
<br />Terms and Conditions of this Contract.
<br />
<br />Unless IT Services receives written notification declining service
<br />from Customer within thirty (30) days of the date of the Quote as
<br />described above, support services and the appropriate monthly
<br />charges will begin on the effective date as shown on the Contract
<br />Quote.
<br />
<br />6. CHARGES
<br />
<br />Contracts totaline: $12.000 or less on an annual basis:
<br />Annual charges are due and payable in full on the first day of the
<br />Contract. Services on products added to this Contract for any
<br />period less than one (I) year shall be due and payable in full on the
<br />date that the product is added to the Contract in an amount
<br />prorated on a daily basis for the remainder of the Contract period.
<br />
<br />Contracts totalinl! in excess of$12.000 on an annual basis:
<br />Unless Customer specifically requests monthly billings, Contract
<br />charges are due and payable in full on the first day of the Contract.
<br />Should Customer request monthly invoices, monthly charges shall
<br />be invoiced in arrears. Each subsequent monthly payment will be
<br />due on the same day of each month. Services on products added to
<br />this Contract for any period less than one (1) year shall be due and
<br />payable in full on the date that the product is added to the Contract
<br />in an amount prorated on a daily basis for the remainder of the
<br />Contract period. Services for any period less than a month shall be
<br />invoiced at an amount prorated on a daily basis.
<br />
<br />Payments, which are not received thirty (30) days from date of
<br />invoice, are subject to interest accrued at two percent (2%) per
<br />month or the maximum allowed by law.
<br />
<br />Should Customer terminate this Contract in accordance with
<br />Section 2.2 (a), a penalty in the amount of50% of the value of the
<br />terminated portion of the Contract is due IT Services. If Customer
<br />has prepaid their Contract, IT Services will refund the Customer
<br />accordingly. If Customer has not prepaid their Contract, then IT
<br />Services will invoice Customer the amount due. Additionally, if
<br />onsite spare parts were purchased by IT Services as part of the
<br />
<br />
<br />Contracted service level, Customer shall be invoiced for the value
<br />of the remaining parts.
<br />
<br />7. NOTICES
<br />
<br />All written notices required by either party under this Contract
<br />shall be deemed to have been given when mailed by registered or
<br />certified mail, or hand delivered.
<br />
<br />8. EXCLUDED SERVICES
<br />
<br />Services and parts provided by IT Services that are outside the
<br />scope of and/or specifically excluded from this Contract will be
<br />invoiced at then prevailing per-call rates (portal to portal) and parts
<br />price.
<br />
<br />IT Services is not responsible for:
<br />(a) Maintenance of Equipment that is operated at a site where
<br />conditions are outside the Equipment specifications.
<br />(b) Movement or rearrangement of Equipment after initial
<br />installation.
<br />(c) Any parts, components, or subassemblies installed in or added
<br />to Equipment after the Contract start date without the express
<br />written approval of IT Services.
<br />(d) Maintenance calls that are necessary due to failure of
<br />Equipment not covered in this Contract.
<br />(e) Furnishing operating supplies or accessories; painting or
<br />refinishing the Equipment or furnishing materials for this
<br />purpose, electrical work external to the Equipment; or
<br />maintenance of other devices or software not specified on this
<br />Contract.
<br />(f) Maintenance service (planned or remedial) if: (I) The service
<br />is required due to accident, neglect, misuse, negligence,
<br />electrical stress, air conditioning, humidity control,
<br />transportation, non-IT Services-supplied communication
<br />media Equipment and/or software malfunctions, or causes
<br />other than ordinary intended nonnal use as defined by the
<br />manufacturer; or (2) Equipment has been maintained or
<br />repaired, or if attempts have been so made by other than IT
<br />Services personnel or its agents without prior IT Services
<br />approval; or (3) Equipment has been reinstalled at a new
<br />location unacceptable to IT Services.
<br />(g) If, in IT Services' opinion, individual items of Equipment
<br />under this Contract cannot be properly or economically
<br />repaired on-site due to excess wear or deterioration, or the
<br />Equipment has reached the end of normal lifetime or
<br />maximum usage levels as defined by the manufacturer, IT
<br />Services may at its discretion recommend refurbishment or
<br />replacement. Upon request from the Customer, IT Services
<br />will provide a written estimate of refurbishment charges and
<br />the related shipping and insurance charges. Refurbishment
<br />will be accomplished on Customer premises if feasible and
<br />economically reasonable, othctWise Equipment will be
<br />returned to IT Services or manufacturer for refurbishment. All
<br />charges for parts, kits, and labor for refurbishment shall be
<br />borne by Customer. An alternate quotation for replacing the
<br />Equipment with a refurbished or new unit on a direct
<br />exchange basis will be provided by request. IT Services is
<br />not responsible for providing a temporary replacement unit
<br />for Customer's use during refurbishment or replacement. IT
<br />Services reserves the right to withdraw maintenance service
<br />for a particular item of Equipment if Customer fails to accept
<br />the terms and charges for refurbishment or exchange. In the
<br />event IT Services withdraws maintenance for a particular
<br />item of Equipment, the charges pertaining to such item of
<br />
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