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12. Taxes
<br />It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for
<br />services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid
<br />exemption certificate is furnished to Thinsolutions for the state of use.
<br />13. Limitation of Liability
<br />In no event shall Thinsolutions be held liable for indirect, special, incidental or consequential damages
<br />arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of
<br />use of equipment, lost data, costs of substitute equipment, or other costs.
<br />14. Indemnification
<br />The Client shall at all times indemnify and save Thinsolutions harmless against and from all losses,
<br />liability, expenses, and other detriments of every nature and description to which The Client may be
<br />subjected by reason of any act or omission of Thinsolutions, its subcontractors, consultants, agents,
<br />officers, directors, and employees where such loss, liability, expense or other detriment arises out of
<br />or in connection with the performance of the work, including, but not limited to, personal injury
<br />(including death) and loss of or damage to property of The Client or others. This indemnity shall not
<br />extend to any claims, damages, losses and expenses which are due to the sole negligence of the
<br />Thinsolutions.
<br />15. Excluded Services
<br />Service rendered under this Agreement does not include:
<br />a. Excluding the NAS, hardware replacement cost and the cost associated with hardware
<br />replacement falls outside this agreement.
<br />b. Local data may reside on your desktop and laptop machines. This agreement encompasses
<br />only designated Microsoft Windows 2000 and 2003 Servers only.
<br />c. Installing additional Internet bandwidth.
<br />d. Support for 64-bit platforms.
<br />16. Force Majeure & Malicious Acts
<br />This agreement is designed to cover the support needs of The Client during normal operating
<br />conditions. Thinsolutions shall not be liable for damages, delay, or default in performance if such
<br />delay or default is caused by conditions beyond its control including, but not limited to acts of God,
<br />government restrictions (including the denial or cancellation of any export or other necessary license),
<br />wars, insurrections, and/or any other cause beyond the reasonable control of either party.
<br />Furthermore, damage and/or significant problems that result from anomalies and/or abnormal
<br />circumstances such as fire, flood, electrical surges, deliberate malicious acts, theft, acts of God, wars,
<br />insurrections, and/or any other cause beyond the reasonable control of either party fall outside the
<br />terms of this agreement.
<br />17. Loaned Equipment
<br />The Client agrees that the NAS unit utilized by Thinsolutions, in the execution of this service shall
<br />remain the property of Thinsolutions, and must be returned if requested. Client further agrees to
<br />cease the use of any technology that remains the property of Thinsolutions upon termination of this
<br />agreement. If the NAS unit is stolen, damaged or destroyed, the client must pay $1800.00.
<br />18. Confidentiality
<br />Neither party shall disclose any proprietary or confidential information obtained from the other unless
<br />so directed by a court of law or government authority. The Client agrees not to disclose rate(s),
<br />term(s), . or any information regarding this Agreement without the prior written consent of
<br />Thinsolutions:
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<br />Confidential Client Initials
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