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SYMCO GROUP INCORPORATED <br />MAINTENANCE AGREEMENT <br />18061995 (Rev-3) <br />1. TERM <br />a. The initial term of the Agreement shall be Monthly from date <br />of acceptance. This agreement will automatically renew on a <br />month to month basis unless Customer provides thirty days <br />prior written notice to Vendor of its decision to terminate this <br />agreement. <br />b. The maintenance rates stated in the Equipment Maintenance <br />Exhibit shall not increase during the initial term of this <br />contract. After the initial term of this agreement, should a <br />price increase occur, it shall not exceed six percent (6%) per <br />yeaz. Any applicable tax will be added to other charges <br />specified, as appropriate. <br />2. MAINTENANCE <br />a Symco Group shall provide on-site support and parts to <br />maintain equipment in good operating condition. Such <br />maintenance shall be provided, as required, and at such <br />charges as designated by this contract. Symco Group will <br />provide the on-site support and maintenance services in a <br />professional manner, and in accordance with the highest <br />industry standards and with care, skill, and diligence. Symco <br />Group shall comply with all applicable laws and regulations <br />relating to providing the on-site support and maintenance <br />services. Symco Group represents and warrants to <br />CUSTOMER that neither the on-site support or maintenance <br />services will infringe any patent, copyright, trademark, or any <br />proprietary rights of a third party or constitutes a misuse or <br />appropriation of a trade secret and Symco Group shall <br />indemnify and hold harmless the CUSTOMER for all claims <br />relating thereto including reasonable attorneys' fees and costs <br />of suit. <br />b: Response time for service is guaranteed 4 hours from the time <br />the call is taken by Symco Group dispatch to a field engineer <br />being on-site. <br />c. Parts necessary to the proper functioning of the equipment <br />shall be furnished at no additional charge, except parts <br />damaged by causes listed in Paragraph 10.b herein. <br />d. All of Symco Group's expenses incurred in or arising from the <br />performance of support hereunder including, but not limited <br />to, expenses for travel, hotel, car rental, and meals are <br />included in the total monthly maintenance rates stated in the <br />Equipment Maintenance Exhibit attached hereto and made a <br />part hereof as Attachment 1. <br />3. ATTACHMENTS <br />If CUSTOMER employs additional attachments, features, or <br />devices to the equipment, makes alterations to the equipment, <br />or permits the maintenance of the equipment by other than <br />Symco Group personnel, Symco Group shall not be liable for <br />loss or damage to CUSTOMER resulting there from. If Symco <br />Group incurs additional service cost on behalf of the <br />CUSTOMER as a consequence there of, CUSTOMER shall <br />pay for Symco Group's cost. <br />4. SUPPLIES <br />Maintenance chazges do not include the furnishing of supplies <br />(such as ribbons, cards, paper tape, paper forms, magnetic <br />tape, or batteries). CUSTOMER shall use only supplies, which <br />meet Manufacturers specifications, when the performance or <br />maintenance of the equipment may be affected. If supply is in <br />question, CUSTOMER will consult with Symco Group <br />personnel prior to using anew /different supply. <br />5. SHIPMENT OF EQUPMENT (IF DEPOT <br />MAINTENANCE) <br />a The parties agree that the method of equipment packaging and <br />shipment, both to and from the Service Depot, shall be in <br />accordance with commercially reasonable standards, <br />consistent with the nature of the equipment and the hazards of <br />tra~isportation and handling. CUSTOMER agrees to package <br />the equipment along with its service log in an authorized <br />Symco Group container for shipment to the Service Depot. <br />Symco Group agrees to return the serviced equipment to <br />CUSTOMER in an authorized Symco Group container. <br />b. All transportation expenses will be borne by CUSTOMER <br />6. CHARGES AND PAYMENTS <br />a CUSTOMER agrees to pay maintenance charges submitted by <br />Symco Group of a correct invoice thereof. Invoioes shall be <br />submitted on or about the first day of each period for which <br />services are to be provided. <br />b. A late payment charge of 1.5% per month, compounded <br />monthly, shall apply to any payment due from the <br />CUSTOMER that is in arreazs for a period exceeding thirty <br />(30) days. <br />c. This agreement may be suspended by Symco Group, if <br />payment is not made after 30 days. If payment is 60 days late, <br />Symco Group reserves the right to terminate this agreement. <br />c. If CUSTOMER should perceive non-performance, the Symco <br />Group contract allows for a sixty day "out" based on the <br />following specifications and procedures: <br />• CUSTOMER notifies Symco Group of problems / <br />dissatisfaction in writing <br />• Symco Group has thirty days to rectify to CUSTOMER <br />satisfaction. <br />If not resolved, CUSTOMER has the right to terminate the <br />contract within thirty 30 days. <br />7. PREPAYMENT OPTION <br />For customers choosing a prepay discount. It is understood <br />that CUSTOMER is receiving a discount by choosing this <br />option. Vendor shall not be required to refund any <br />prepayment. The only exception would be for Non- <br />Performance outlined in Item 6c of this agreement. <br />8. SYMCO GROUP MARKETING <br />Unless otherwise stated, CUSTOMER agrees to allow Symco <br />Group to publish a press release on the Symco Group website. <br />If required by CUSTOMER, prior to publishing the release <br />Symco Group will email subject matter to CUSTOMER for <br />input and approval. <br />Page 1-3 <br />25H-11 ~'`~wHIBIT Q <br />