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SELLER disclaims any express or implied warranty that its equipment is technically <br />immune from or prevents fraudulent intrusions into and/or unauthorized use of the system <br />(including its inter-connection to a long distance nem~ork).. BUYER is hereby warned <br />that fraudulent use of the system, including but not'limited to DISA, Automated <br />Attendant, Voice Mail, RMATS, 800 and 900 service, is possible. BUYER hereby <br />assumes all risk of such fraudulent or unauthorized use or intrusion. BUYER hereby <br />disclaims any express or implied warranty that its equipment is technically immune from <br />or prevents unlawful and/or unauthori3,ed utilization that may result in an invasion of <br />one's right to privacy. SELLER hereby warns BUSTER that such is possible. <br /> <br />(6) MUSIC ON HOLD <br />BUYER shall have full responsibility for all negotiations and licensing 'fees for <br />performance rights relating to recorded or broadcast music usage or its access by the <br />telephone system. <br /> <br />(7) MONTHLY MAINTENANCE AGREEMENT <br />A flat fee covering both materials and labor will be' guaranteed for the second year of <br />service. The Agreement will cover normal maintenance requirements and will <br />specifically exclude malfunctions or damage due to malicious damage or insurable or <br />preventable 10sses} Acts of God, civil disorder, or other uninsurable loss beyond the <br />control of SELLER. This option must be exercised by BUYER within thirty days pr[or to <br />the expiration of the warranty period. <br /> <br /> Monthly Maintenance Agreement <br /> for second through fifth year of service ......... $1.00 per station and <br /> trunk equipped <br /> after fifth year of service ........................... $ 2:50 per station and <br /> trunk equipped <br /> <br />(8) UNCONTROL-LABLE CmCUMSTANCES <br />SELLER shall exercise its best efforts in p~rforming the installation service and <br />furnishing of parts and equipment including warranty work as provided in this Agreement <br />but shall not be liable for delays or failure to do so resulting from causes beyo'nd control <br />of SELLER, including but not limited to, strikes or other labor difficulty, Acts of God, <br />acts of an), government authority or of the customer, riot, sabotage, embargo, inclement <br />weather, fire, flood or inability' to obtain labor or materials from usual sources. Upon the <br />occurrence of any Such events, SELLER shall use its reasonable efforts to notify BLrYER <br />of the nature and extent' of any such condition. It is "also understood'that all delivery and <br />installation dates, and the intended Cutover Date are approximate, and SELLER shall <br />under no circumstances be liable for damages, special, consequential, Or otherwise, <br />resulting from delays in delivery, ins~allation or Cutover. <br /> .4 <br /> <br /> <br />