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<br />the Customer, IBM will quote a net purcha_. Jptlon price for such
<br />machine, inciuding its model upgrades and features, as of a
<br />specific'month that is not more than three months from the date of
<br />the request.
<br />The net purchase option price, as calculated for each machine,
<br />will be the lower of 1) the Purchase Price stated in the Supple-
<br />ment for the machine, including its model upgrades and features.
<br />as modified in accordance with this Section, less any applicable
<br />purchase option credits not to exceed an amount determined by
<br />multiplying such modified Purchase Price by the Maximum
<br />Purchase Accrual Percent, or 2) rBM's purchase price then
<br />generally in effect for the machine, including its model upgrades
<br />and features, less any applicable purchase option credits not to
<br />exceed an amount determined by multiplying such purchase
<br />price by the Maximum Purchase Accrual Percent. The Maximum
<br />Purchase Accrual Percent will be specified in the Supplement.
<br />The purchase option credits are determined by multiplying:
<br />a) the applicable Monthly Lease Charges paid under this
<br />Agreement by the Purchase Option Percent specified in the
<br />applicable Supplement; and
<br />b) applicable charges, if any, paid under other IBM agree-
<br />ments by the purchase option percents applicable under
<br />those agreements.
<br />For purposes of this calculation, the period during which monthly
<br />charges are eligible for purchase option credits is the period
<br />during which the machine has been continuously installed.
<br />Eligible monthly charges will be applied in the order in which they
<br />are first incurred and do not include Additional Use Charges,
<br />Monthly Use Charges or Additional Monthly Maintenance
<br />Charges.
<br />When a machine ceases to be installed under this Agreement,
<br />all purchase option credits accrued hereunder with regard to that
<br />machine shall expire.
<br />Purchase option credits accrue individually for each machine,
<br />model upgrade and feature. Purchase option credits are not trans-
<br />ferable to other Customers or between machines, or among a
<br />machine, its models and features.
<br />For a machine not yet installed, if the Customer's written order
<br />for the machine has been received by IBM prior to the announce-
<br />ment of a Purchase Price increase or a decrease in Purchase
<br />Option Percent or Maximum Purchase Accrual Percent, IBM may
<br />not increase such Price nor decrease such Percents unless writ-
<br />ten notice shall have been given to the Customer at least three
<br />months before the date of shipment.
<br />For a machine which is installed, IBM may increase the
<br />Purchase Price stated in the Supplement immediately upon
<br />written notice, subject to Upper Limits determined in the same
<br />manner as for Monthly Lease Charges as described in the
<br />Sections entitled "Increase in Lease Contract Period Monthly
<br />Charges" and "Lease Contract Period Extension." The Purchase
<br />Option Percent and Maximum Pl!rchase Accrual Percent fqr a ma-
<br />chine will not be decreased dunng a Lease Contract Penod.
<br />The Customer may elect to purchase a machine installed under
<br />a Rental Contract Period by executing a Supplement to Agree-
<br />ment for Purchase of IBM Machines. Upon request from the
<br />Customer, IBM will quote the then applicable purchase price for
<br />such machine, including its model upgrades and features, as of a
<br />specifiC month that is not more than three months from the date of
<br />the request.
<br />
<br /><;HIPMENT
<br />IBM agrees to schedule each machine for shipment in accord-
<br />ance with IBM's applicable shipment sequence and will confirm in
<br />writing, and amend as necessary, the Customer's schedule. Prior
<br />to shipment, IBM will make reasonable accommodation to a delay
<br />requested by the Customer.
<br />
<br />PROGRAMMING
<br />The term "programming" as used in this Agreement shall mean
<br />SU( h programming as IBM may make generally available, from
<br />time to time, without separate cllarge, for machines of the types
<br />ordered by the Customer under this Agreement. IBM will furnish
<br />such programming as may be requested by the Customer.
<br />The term "programming services" shall mean such services as
<br />IBM may generally make available without separate charge in
<br />connection with programming. IBM Will determine the program-
<br />ming services available and their duration.
<br />The terms "programming" and "programming services" do not
<br />include IBM programs and services that are available for a
<br />separate charge or which are offered under separate written
<br />agreements.
<br />
<br />ALTERATIONS ,AND ATTACHMENTS
<br />An alteration 'is defined as any change to an
<br />which deviates from 18M's physical, mechanic'
<br />
<br />2125-9021-01
<br />
<br />I!J,M machine
<br />~ electrical
<br />
<br />machine design whetlld or not additional devices or parts are
<br />required. An attachment is defined as the mechanical, electrical
<br />or electronic interconnection to an IBM machine of non-IBM
<br />equipment and devices not supplied by IBM.
<br />An alteration to a machine may be made upon prior written
<br />notice to IBM. An attachment to a machine may be made without
<br />notice to IBM.
<br />The Customer agrees to accept the responSibility for making
<br />any such alteration or attachment, its use and the results obtained
<br />therefrom, and to pay all charges related to the alteration or
<br />attachment as described in the Section entitled "Services for
<br />Additional Charge." The Customer further agrees to remove any
<br />alteration or attachment and to restore the machine to its normal,
<br />unaltered condition prior to its return to IBM, or upon notice from
<br />IBM that the alteration or attachment creates a safety hazard or
<br />renders maintenance of the machine impractical.
<br />
<br />MAINTENANCE SERVICE
<br />IBM will provide maintenance service to keep each machine in,
<br />or restore it to, good working order and will make all necessary
<br />adjustments, repairs and parts replacements. The Customer
<br />agrees to provide IBM full, free and safe access to the machines to
<br />provide maintenance service. The Customer is responsible to
<br />implement appropriate safeguards for Customer's data. The
<br />Customer is responSible for removing, controlling and replacing
<br />or reloading funds contained in the machines. IBM will service
<br />machines containing funds only when the cash container cannot
<br />be opened prior to repair by IBM, in which case the Customer will
<br />remove the funds as soon as the container has been opened.
<br />The Optional Periods of Maintenance Service for a Plan 0
<br />machine on Monday through Friday must include the Base
<br />Period of Maintenance Service and must be the same
<br />consecutive hours each day, and the Optional Period on
<br />Saturday or Sunday must be the same consecutive hours on all
<br />Saturdays or Sundays.
<br />If the Customer request maintenance service for a Plan 0
<br />machine to be performed at a time outside the Periods of
<br />Maintenance Service, the service, including travel and waiting
<br />time, will be furnished under this Agreement at IBM's then
<br />applicable hourly service rates and minimum charges, and travel
<br />expense; however, there will be no additional charge for main-
<br />tenance parts.
<br />
<br />TRAVEL EXPENSE
<br />Except as provided for Plan 0 machines in the Section entitled
<br />"Maintenance Service," there will be no charge for travel ex-
<br />pense associated with maintenance service or programming
<br />service under this Agreement except that actual travel expense
<br />will be charged when Hie site at which the machine is located 1) is
<br />within the contiguous States and is normally inaccessible by both
<br />private automobile and scheduled public transportation, or 2) is
<br />outside the contiguous States and is normally inaccessible by
<br />private automobile.
<br />
<br />SERVICES FOR ADDITIONAL CHARGE
<br />The Customer agrees to pay, at IBM's then applicable hourly
<br />service rates and minimum charges, parts and material prices and
<br />travel expense, all charges for services and to pay for loss of or
<br />damage to a machine, caused by 1) use of the machine for
<br />purposes other than for which designed, 2) alterations and
<br />attachments, or 3) vandalism or burglary of machines designed to
<br />contain funds. The Customer also agrees to pay, at IBM's then
<br />applicable hourly service rates and minimum charges, parts and
<br />material prices and travel expense, all charges for service for
<br />accessories, and for repair of damage, replacement of parts (due
<br />to other than normal wear) or repetitive service calls caused by
<br />the use of supplies.
<br />All services (including but not limited to services refating to
<br />pre-installation planning, inspections, relocation of machines,
<br />engineering changes and altered programming) which may be
<br />made available by IBM to the Customer, with or without separate
<br />charge, in connection with any machines or programming
<br />supplied under this Agreement shall be subject to the terms and
<br />conditions of this Agreement unless such services are provided
<br />under another written agreement signed by the Customer and
<br />IBM.
<br />
<br />ADDITIONAL PRODUCTS AND SERVICES
<br />In addition to the machines, programming and services
<br />provided under this Agreement, IBM offers other products and
<br />services at separate charges under applicable written IBM
<br />agreements. IBM and the Customer agree that such products and
<br />services cannot be the subject of an oral agreement. The
<br />Customer may contract with IBM for any such products or
<br />services as available, but only under the terms and conditions of a
<br />written agreement signed by the Customer and IBM.
<br />
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