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<br />,
<br />
<br />the Customer, IBM will quote a net purcha!'" .."otlon price for such
<br />machine, including its model upgrades features, as of a
<br />specific month that is not more than three r, .v"ths from the date of
<br />the reqllli'sl.
<br />The net purchase option price, as calculated tor 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) IBM'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 tile
<br />applicable Supplement; and
<br />b) applicable charges. if any, paid under other IBM agree~
<br />ments by the purctlase option percents applicable undef
<br />those agreements.
<br />ror purposes of this calcul<ltion, the period during which l110nlhly
<br />etlarges are eligible for purellase option crl)dlts is llllJ pCHod
<br />during which the machine has been continuously installed.
<br />Eligible monthly charges wlil 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 />C !larges.
<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 />)ption Percent or Maximum Purchase Accrual Percent, IBM may
<br />flat 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 Purchase Accrual Percent for a ma-
<br />chine will not be decreased during a Lease Contract Period.
<br />The Customer may elect to purchase a machine installed undpr
<br />a Rental Contract Period by executing a Supplement to A!Jfcc~
<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 {I
<br />specific month that is not more than three months from the date of
<br />the request.
<br />SHIPMENT
<br />IBM agrees to schedule each maclline 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 />PROGRAMMING
<br />The term "programming" as used in this Agreement shall mean
<br />such programming as IBM may make generally available, from
<br />time to time, without separate charge, 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 aV':lil<lble for il
<br />separate charge or which are offered under separate written
<br />agreements.
<br />ALTERATIONS AND ATTACHMENTS
<br />An .'::Ilter<'l'tion is defined as any char~SJe to an IBM 1l1:1chinc
<br />wH; tas from IBM's phvsic.<1: 1ll(~cl1.1ntcal or ~triclll
<br />?'
<br />
<br />machine design whet' or not additional devices or parts are
<br />required. An attachm .> defined as the mechanical, electrical
<br />or electronic intercOllllection 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 10, good working order and will make all necessary
<br />adjustments, repairs and parts replacements. The Customer
<br />agrees to provide InM full, fr(H~ <'Ind safe {1(;(;(:S5 to the machines to
<br />provide fllaillll'rlilllCC :;(~Ivi(;e. I h(~ Cll~,loHlcr is rcsponsilJle Ie;
<br />implement ilppropri,lle silfcquilfds for Cuslomer's data. The
<br />ClJSIO!I\(H j~; 11~~;p{)fI~;d)I(~ for rPfllovillq, cOlllrollirlq and f(~rlar.irlO
<br />or J'CIO;HJlllq IUrlds COIlI;Ulled ifl th(: m;lchines. IUM will service
<br />mactlines contilininn funds only when the cash container cannot
<br />be opened prior to repair by IUM, in WhiGtl case the Customer will
<br />remove the: funds ,lS soon (IS the container tli1S been opened.
<br />The Optional Periods of Maintenance Service for a Plan 0
<br />machine on Monday througtl Fnday must include the Base
<br />Period of Maintenance Service and must be the same
<br />consecutive hours e3ch 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; howev'er, there will be no addltional charge for main-
<br />tenance parts.
<br />
<br />TRAVEL EXPENSE
<br />Except as provided for Plan [) 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 ctlargcd when Hie site at which the machine is located 1) is
<br />within the contiguous States and is normally inaccessible by both
<br />private aulomobiJe 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 agrpps to pay, at 18M's then appliC<lble hourly
<br />service rates alld minirnllrll chargp:;, parts and m<iteriJI prices and
<br />travel expense, all char~ws for ~;crvicct; and 10 pay for loss of or
<br />damage to a mactline, caused by 1) use of the rnachine for
<br />purposes other than for wtlich 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 rales and minimum charges, parts and
<br />material wices nnd tmvel 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 relating 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 />conditlons of this Agreement unless such services are prOVided
<br />under another written agreement signed by the Customer and
<br />IBM
<br />
<br />ADDITIO~AL PRODUCTS ANO SERVICES
<br />In addition to the machines, programming and services
<br />rrovidcd tinder this ^qrcemcnt, IRM offers other products and
<br />services at separate charges under applicable written IBM
<br />agreements. IBM and tile Customer agree that such products and
<br />services cannot he the sllhwcl of ilrl oral aqr(:crncnl. The
<br />CustoflH'r rnny Clllltr,'l(:1 willI 111M 11)1 any ~;(lcll Jlrodtjcl~; ()!
<br />services as ,lV,1ilable, hlll only untler the terms and cUflditIO!\~-; of a
<br />written 8grccmcnt sir/ned by thc~ Customer 3.nd !8M.
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