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7.3.4.1. While we are on-site, you must provide us with all reasonable assistance and
<br />cooperation and must allow us to work without interruption or interference.
<br />7.3.4.2. Subject to our reasonable judgment, on-site Services will be provided until such time
<br />as the Covered System is operational or as long as reasonable progress is being made.
<br />7.3.4.3. Work may be temporarily suspended if additional parts or resources are required.
<br />7.3.4.4. Any after hours, weekend, holiday and CRU on-site services requested by you will
<br />be provided at our prevailing rates and other charges.
<br />7.3.4.5. Travel expenses incurred in traveling to and from a Covered System site located
<br />more than one hundred (100) miles or one hundred sixty (160) kilometers from the
<br />nearest Stratus service center will be charged to you and must be paid within thirty (30)
<br />days of receipt of Stratus' invoice.
<br />8. Service Options: Depending on the Service Options you have selected, other terms and restrictions
<br />may apply. Please refer to the Stratus Website at http://www.stratus.com for descriptions of the
<br />Service Options. All applicable Service Option descriptions are incorporated herein by this reference.
<br />9. Limitations and Exclusions: This Agreement is of limited duration and coverage. This Agreement
<br />extends only to the original purchaser of the Covered System. and only to uses for which the System
<br />was designed. Stratus is not obligated to repair any Covered System, subassembly, or component part
<br />which has been damaged as a result of: (i) fire, natural disaster, neglect, misuse, abuse and war or other
<br />events or causes of force majeure, (ii) unauthorized modifications, use of non-Stratus supplied
<br />equipment or software, damage resulting from environmental considerations such as electrical power,
<br />heat, cold, or humidity outside the published product specifications, or operating the Covered System
<br />in an other than the fully redundant mode.
<br />10. Stratus Prooertv: Support software, including diagnostic routines, ASN Agents and SNMP Agents,
<br />as well as support tools, and documentation ("Property"), which we supply under this Agreement, are
<br />and shall at all times remain Stratus' exclusive property. You agree not to make such Property
<br />available or disclose the contents thereof to any third parties other than your employees and contractors
<br />who aze performing services for you and have a need to access such Property in relation to the Systems
<br />covered under this Agreement. You agree to take appropriate action, by instruction or agreement with
<br />your employees and contractors who are permitted access, to satisfy your obligations under this
<br />Agreement. Further, you agree to immediately return all such Property to us upon the expiration or
<br />termination of this Agreement.
<br />11. Limited Warranty.
<br />1 l.l. STRATUS WARRANTS THAT THE SERVICES WILL BE PROVIDED IN A GOOD AND
<br />WORKMAN LIKE MANNER.
<br />11.2. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS,
<br />WARRANTIES, TERMS AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
<br />BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
<br />SUITABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
<br />WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF A SYSTEM OR THAT
<br />ALL PRODUCT ERRORS OR DEFECTS WILL BE CORRECTED.
<br />12. LIMITATION OF LIABILITY.
<br />12. L IN NO EVENT SHALL STRATUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE,
<br />INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT
<br />LIMITATION LOSS OF USE, DATA, PROFIT OR BUSINESS), WHATEVER THE BASIS
<br />OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION,
<br />CONTRACT, INFRINGEMENT OR TORT, INCLUDING WITHOUT LIMITATION STRICT
<br />LIABILITY AND NEGLIGENCE OR OTHER LEGAL THEORY) EVEN IF IT WAS
<br />ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE
<br />REASONABLY FORESEEABLE.
<br />12.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRATUS' LIABILITY FOR
<br />DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
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