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JUN-20-2001 08:37 DATA GENERAL 1. ELIGIBILITY A. A compnter hardware device or System located within the USA is eligible for Support Services if it is a DG product, or a ptoduct accepted under DG's Multi-Vendor SuPPOrt Program ("MVS Product"). B. Unless otherwise agreed in writing by DO, devices which are neither DG products nor MVS Products shall not be maintained under this Agreement eVen though interconnected or integral to a supponed System. DG reserves the right to terminate Support Service of a System with f'uteen (15) days notice if, in DG's reasonable jUdgment, any such device adversely affects DO's ability to maintain the System and Customer decliues to removc the device from the System. , C. A softwarcproduct is eligible for Support Service if DO offers support for that product on the 'configuratiou on which it is to be run, and the product is, or runs under, an operating system that DG supports. 2. PRE-CONTR.ACT !NSPECTlON If Customer !e'luests support for equipment tbat is not newly purchased from DG, or covered by a DG warranty or maintensuce contract immediately before coverage is to begin. DG may require pre'contract inspection of the equipment. DG may !"'luire a pre-contract software audit to establish that the Customer is running current revisions, properly licensed. Coverage may be withheld or delayed if pre-contract inspection reveals that a device does not conform to an applicable quotation or order, or requires refurbishment, or if installation of software revisions or updates is deemed necessary by DG. Customer agrees to pay DG's charges for any required pre-Contract inspection or audir, aud for auy repair, refurbiShment, adjustment and illstallatiou of updates and ellgineering cltangc orders (~ECOs") anthorized by Customer, invoiced according to COnaact time and materials rates and policies in effect when the service is performed. 3. TER...lU: OF AGREEMENT Each Schedule shall continue in effect for the term specified in the Schedule, and thereafter until terminated. Either party may terminate a Schedole as of any dste after the expiration of its specified term by giving sixty (60) days wrillen notice to the other party, This Agreement shall remain in force for so long as any Schedule made under this Agreement remains in effect. Master SlIpj)Orr '~=nr 508 229 4836 P.03 4. CHAR.GES AND PAYlI1:ENT A. Charges, surcharges (if any) and discounts (if any) for Support Services shall be as quoted by DG in connection with tbe pertinent Schedule. B. PAYMENT TERMS. DG will invoice annually in advance, nuless at the inception of this Agreement or as of any anniversary thereof, D G elects to invoice on a quarterly or monthly basis. Invoices are due thirty days aiter invoice date. Interest shall accrue On past due amounts at 1.5% per month (allilual rate 18%) or the highest lawful rate, whiehever is less. C. PRICE INCREASES. Prices for SUpporr Services shall not be increased during the first twelve months of the term of a Schedule, or for any periOd for which Customer has pre.paid. DG's current Price Lis! shall apply thereafter, provided that DG notifies Customer at leas! ninety (90) days in advance of the effective date of any price increase. If the aggregate price for any . Installation Location is more than five percent (5%) greater than the aggregate price immediately before the increase, (adjusted for any additions Or deletions) Customer shall have the right to terminate the Schedule pertaining to that Installatiou Location as of the effective date of the price increase, without penalty, by written notice received by DG within thirty (30) d.ays after Customer's receipt of the notice of increase. D. SURCHARGES. Snrcharges, if applic- able, are quoted before the service is delivered or invoiced. Surcharges may be based on such factors as remoteness of the Installation Location from the nearest DO Service Center, extended Coverage hours requested by Customer, Customer's election not to enable on-line remote assistance, and usage of certain printers, E. DISCOUNTS. Discounts, if applicable, are quoted before the service is delivered or invoiced. Disconnts may be based on such factors as multi-year commitments. F. NON-COVERED SERVICE. Charges far services requested by Customer and not covered by this Agreement shall be payable rhiny (30) days after invoice at DG's rime and materials rates in effect when the service is petform~d. G. TAXES. Sales, nSe and like taxes are Customer's responsibility, and will be invoiced as incurred unless Customer bas furnished an exemp- tion certificate satisfactory to the taxing authority in the jurisdiction where the SuppOrt Service is delivered. Rev. 06100