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<br />SCHEDllLE G <br />Hardware Maintenance Terms and Conditions <br /> <br />I. Term <br />This Agreement shall have an effective dale as stated on the face hereof <br />and continue for an initial term of one (I) Ye.1r. excer- as Olhel"l'i~e <br />provided in this AgreemenL Thereafter this Agreement shall continue for <br />an indefmite period but shall ~ terminated by either part)' u?Jn ninet)' (90) <br />days prior \I'riuen notice. <br /> <br />2. Equipment and O181J!es <br />The equifXTlent covered by this Agreement and the maintenance charge <br />applicable to such equipment shall be as set fonh herein. All charges <br />specified shall remain in effea for one (1) year from the effective date of <br />this Agreement Upon or at any time after expiration of one (1) year f/'OOl <br />the effective date. Gaylord may. fl'OO1 time to time increase said charges <br />upon thru (3) months prior wrinen notice. If said charges are increased. <br />the library may \lith one (I) month's prior wrillen notice terminate this <br />Agrument upon the effective date of such increase. Othel"l'ise the new <br />charges shall become effective upon the date specified in the notice. <br /> <br />The maintenance charges specified herein shall ccxnmence one (I) year <br />from the installalion dale and shall be payable in advance on a monthly or <br />annual basis. Gaylord may aI its ~tion immediately terminate this Agree. <br />ment for payment delinquency in excess of sixty (60) days. <br /> <br />The library shall be responsible for insurance. personal property taxes. sales <br />and use taxes. and excise taxes or taxes or amounts in lieu thereof <br />(including sales and use taxes levied upon senices). if any. arising out of <br />this Agreement. the charges made, senices rendered or pans supplied <br />pursuant hereto. <br /> <br />3. S~ of Maintenance Senice <br />Maintenance service shall consist of remedial maintenance including <br />replacement of unserviceable pans. <br /> <br />At Gaylord's OIXion. maintenance won: \lill be performed at Gaylord's <br />offices. an au1horized service center designated by Gaylord or on library' s <br />premises. While maintenance won: is being performed at Gaylord's offices, <br />Gaylord may ship a replacement unit for temporary use by the library. <br />Upon receilX of the repaired unit. the library shall return the temporary <br />replacement unit to Gaylord. If maintenance work is to be performed at <br />Gaylord's offices or at a senice center designated by Gaylord. library shall <br />be responsible for shiWing the equipment to such offices or service center. <br />shipping charges prepaid. Gaylord shall not be responsible for any loss or <br />damage in transit Claims for damage or shonage in shipments shall be <br />made against the carrier by library. <br /> <br />If the maintenance work is to be performed at library's premises, Gaylord <br />shall have free and full access to the equipment and the library shall <br />provide a safe place in which to perform such work. Maintenance work <br />wiD be performed between the hoors of 8:00 A.M. and 5:00 P.M., Monday <br />through Friday, except legal holidays. referred to hereinafter as Gaylord's <br />normal \l'orking hOOTS. Pans \lill be furnished on a temporary exchange <br />basis and will be new parts or pans equivalent to new in performance when <br />IISed in the equipment. <br /> <br />Any equifXTlent shiwed by Gaylord's offices or service center designated <br />by Gaylord \lill be returned to library via standard United Parcel Service. <br />shipping charges prepaid. If library shall desire a faster means of <br />transpDnation. the library shall designate the carrier and bear the complete <br />aL In either event. Ga~lord shall nOl be liable for Iou or dama~e in <br />aansil. Claims for shoJ1aie or damages in shipments shall be made against <br />carrier ~ Gaylord. Library is responsible for noting any visible damage <br />vpon receipt from Gaylord and notif)ing Gaylord of such damage within <br />three (3) da)'S thereafter. <br /> <br />06/03/94 <br /> <br />4. ExclUSIOns <br />Gaylord's maintenance service provided hereunder does nOl include the <br />follo\ling: <br />(a) electrical work extemalto the equipment: <br />(b) repair of damage resulting from accident, transponation. neglect. <br />misuse, Cf'Cration of the equirment ootside the manufacturer's <br />envirorunental specifications, failure of electrical power, air conditioning <br />or humidity control, natural disasters including oot nOllimited to floods, <br />lightning and eanhquakes, or causes other than ordinary use; <br />(c) furnishing platens, supplies or accmories. painting or refmishing the <br />e~uifXTlent or fumishing material therefore, making specification changes, <br />or performing services connecled \lith relocation of machines. or adding <br />or removing accessories. attachments or other devices; <br />(d) systems engineering services. programmmg and operation procedures <br />of any son: <br />(e) such service which is impractical for Gaylord to render beause of <br />alterations to the equifX11ent or their connection by mechanical or electrical <br />means to other devices or alterations to operating systems: or <br />(f) maintenance on equipment not purchased f/'OOl Gaylord unless it has <br />been tested and inspected by Gaylord or reprmnwive of Gaylord. <br />(g) indi..idual hardware products that cannot. in Gaylord's ~inion, be <br />properly repaired due to excessive wear or deterior41ion. Tnese products <br />may be \lithdrawn from sen'ice upon ninety (90) days prior wrinen notice. <br /> <br />5. Disclaimers <br />Gaylord's obligations and warranties under this Agreement are in lieu of <br />all other \I'arranties. express or implied. including. if applicable. the <br />IMPLIED W ARRANllF.S OF MARKET ABlLIIT ASD FIT1\ESS FOR <br />A PARTICULAR PURPOSE and all other obligations or liabilities for <br />damages, including but not limited to consequential damages arising out of <br />or in connection \I;th this Agreement or the maintenance sen;ce performed <br />hereunder. <br /> <br />6. General <br />(a) Gaylord reserves the right to adjust the maintenance charges if the <br />equifXTlent specifications, attachments or fearures of an)' item of equipment <br />are changed after the date hereof. <br />(b) Gaylord is not responsible for any failure to render sen;ce due to <br />strikes or causes beyond its control. <br />(c) The library represents that it is the owner of the equipment subject to <br />this Agreement or. if not the owner. thai it has the authority to enter into <br />this Agreement. <br />(d) Gaylord shall be entitled. upon prior gi\ing \I'rillen notice to the ~brary, <br />to assign this Agreement and Gaylord's rights hereunder to any parent, <br />subsidiary. affiliate or agent thereof. <br />(e) Either pany may terminate this Agreement at any time for failure of the <br />other 10 comply \lith any of its terms and conditions. <br />(f) This Agrument shall be governed by the lallo's of the Stale ofTexas and <br />constitutes the entire agreement between Gaylord and the libral)' with <br />respea to maintenance services. !'\ 0 provision of this Agreement shall be <br />deemed waived, amended or modified by either party unless such waiver. <br />amendment or modification be in writing and signed by the pany against <br />\l'hom it is sought 10 enforce the \l'aiver. amendment or modification. <br />(g) The foregoing terms and conditions shall prevail not\lithstanding any <br />variance with the lerms and conditions of any order submitted b)' the <br />library for the repair or maintenance of the equifXTlent. <br /> <br />Paris Public Library Contract P 19 of 22 <br />