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AG 2010 10 18
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AG 2010 10 18
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Last modified
11/15/2011 8:59:39 AM
Creation date
11/27/2017 11:23:37 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/14/2010
Board
Board of Commissioners
Meeting Type
Regular
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4.2 This agreement extends only to uses for which the System was designed. Except as stated <br />below, the services The Library Corporation agrees to provide under this Agreement are repair <br />services which are necessary because of any defect which exists or occurs in materials or <br />workmanship in the System or in any System component covered in this Agreement. <br />Preventive maintenance is not included. Installation, de- installation, or relocation services and <br />operating supplies are not included. Repairs necessitated as a result of alteration, adjustment, <br />or repair by anyone other than The Library Corporation (or its representatives) is not included. <br />The Library Corporation is not obligated to repair any System or System component which has <br />been damaged as a result of (i) accident, misuse, or abuse of the System or component (such <br />as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible <br />devices or accessories, improper or insufficient ventilation, or failure to follow operating <br />instructions) by anyone other than The Library Corporation (or its representatives); (ii) an act of <br />God such as, but not limited to, lightning, flood, tornado, earthquakes, and hurricanes; or (iii) <br />the moving of the System from one geographic location to another or from one entity to <br />another. <br />4.3 Such service which is impractical for The Library Corporation to render because of alterations <br />to the Hardware or their connection by mechanical or electrical means to other devices or <br />alterations to operating systems; or <br />4.4 Maintenance on Hardware not listed in Schedule C. <br />5 Disclaimers The Library Corporation's obligations and warranties under this Agreement are in <br />lieu of all other warranties, express or implied, including, if applicable, the IMPLIED <br />WARRANTIES OF MARKETABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all <br />other obligations or liabilities for damages, including but not limited to consequential damages <br />arising out of or in connection with this Agreement or the maintenance service performed <br />hereunder. <br />6 General <br />6.1 The Library Corporation reserves the right to adjust the maintenance charges if the Hardware <br />specifications, attachments or features of any item of Hardware are changed after the date <br />hereof, <br />6.2 The Library Corporation is not responsible for any failure to render service due to any cause <br />beyond its control, <br />6.3 The Library Corporation shall be entitled, upon giving prior written notice to the Library, to <br />assign this Agreement and The Library Corporation's rights hereunder to any subsidiary, <br />affiliate, or successor thereof. <br />Library Contract Page 21 of 21 <br />Attachment number 4 <br />F -12 Page 320 <br />
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