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2004-086 Resolution
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2004-086 Resolution
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Last modified
1/9/2014 3:58:48 PM
Creation date
12/30/2013 9:32:16 AM
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North Olmsted Legislation
Legislation Number
2004-086
Legislation Date
5/18/2004
Year
2004
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;>- <br />(e) In addition to any other limitations or disclaimers herein, the warranties provided in this <br />Agreement do not cover malfunctions or defects resuiting from abnormal or nonstandard <br />uses or conditions including, but not limited to, the following types of causes: failure to <br />provide a suitable environment for the CPE, including exposure to improper temperature, <br />humidity, chemicals or airborne agents, Customer or third party abuse, misuse or use <br />contrary to standard operating instructions; improper electrical voltages or currents; power or <br />(ightning surges or power interruptian; improper storage or placement of the CPE; damage <br />caused by unauthorized attachments or modification; use or interconnection of the CPE to <br />incompatible electrical ar mechanical devices; accidents, conduct or actions not subject to <br />SBC's controi; the installation, maintenance or disassembly, repair or alteration of the CPE <br />by any person other than SBC, or an entity expressly approved by SBC in writing; damage <br />caused by acts of God or public enemy, such as fire, flood, wind, lightning, vandalism, riots <br />and war. In such excepted cases, Customer will pay SBC in accordance with SBC's then <br />prevaifing rates for its services in diagnosing such excepted problems and for any repairs <br />rnade pursuant thereto. <br />(fl During the Warranty Period, any change in the location of the Products must be performed <br />by SBC and shall be at Custamer's expense. <br />(g) THESE WARRANTIES ARE IN LIEU OF ALL OTHER V1/ARRANTIES AND SBC MAKES <br />NO OTHER WARRANTIES, EXPRESS OR !MPl.IED, lNCLUDING, BUT NOT LIMITED TO, <br />THE WARRANTIES OF MERCHANTABlLITY AND FITNESS FOR A PARTICULAR <br />PURPOSE. <br />6. Price and Payment. (a) Customer shall pay the Equipment price, installation/cutover price <br />and maintenance fees set forth in this Agreement. Fees for subsequent Maintenance <br />extension terms wilf be at SBCs then prevailing rates. SBC shall invoice Customer as set <br />forth herein. Customer shail pay the amounts due within ten (10) days of receipt of invoice. <br />SBC may, at its option, assess a charge of one and one-half percent (1-1/2%) per month or <br />the highest amount a(lowed by law, whichever is lower, on past due amounts. <br />(b) SBC may on(y increase the price of the Maintenance provided herein at: (i) the expiration <br />of the initial term; (ii) the commencement of any subsequent extension term; or (iii) the time <br />additional Products are added to this Agreement. SBC shall provide Customer with a thirty <br />(30) day written notice af such increases. The Product price and the installation/cutover price <br />set forth herein are not subject to change unless Customer postpones the delivery, installation <br />or cutover dates specified in the Agreement for more than thirty (30) days, in which case the <br />prices will be the greater of the prices listed +n the Agreement or the prices in effect on the date <br />of the rescheduled delivery, installation or cutover plus storage charges; if any. <br />(c) In the event Customer fails to rnake any payment when it is due, Customer shall pay all of <br />SBC's costs of collection, including SBC's attorneys' fees, in addition to the amounts due. <br />7. Taxes. Customer shall pay or otherwise be responsible for all taxes which arise under this <br />Agreement, except for any tax on SBC's corporate existence, status or income, including, if <br />applicable, the Michigan Singfe Business Tax. Taxes sha!l be billed as separate items on the <br />invoice.
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