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10. LOSS AND DAMAGE <br />LESSOR hereby assumes the risk of loss and damage to the equipment <br />from all causes excluding those set out below: <br /> <br />A. Those caused by LESSEE's negligence or misuse of equipment. <br /> <br />B. Those attributable to the use of the equipment for other <br /> than the use for which it was designed. <br /> <br />C. Loss or damage resulting from persons other than LESSOR's <br /> authorized representatives performing any maintenance, <br /> modification or relocation of the equipment. <br /> <br />D. Acts of God, except lightning, and other acts including <br /> but not limited to floods, water which backs up through <br /> sewers or drains, acts of public enemies, acts of law <br /> enforcement officials, war, riot, labor disputes or <br /> sabotage. <br /> <br />E. Loss or damage to equipment attributable to harsh environ- <br /> mental conditions in the equipment room (including, but <br /> not limited to, water damage due to burst water pipes, <br /> improper A.C. electrical service, harmful extremes of <br /> temperature or humidity) which result from physical changes <br /> to the equipment room after it has been approved by <br /> LESSOR's authorized representative. <br /> <br />The LESSOR's limits of liability under this paragraph shall be a <br />maximum of the replacement cost of a system of like capabilities, <br />capacities, and general condition to the equipment covered under <br />this Lease at the time of damage or loss. <br /> <br />11. UNAUTHORIZED USE OF SYSTEM <br />LESSOR disclaims any express or implied warranty that its equipment <br />is technically immune from or prevents fraudulent intrusions into <br />and/or unauthorized use of the system (including its inter- <br />connection to a long distance network). LESSEE is hereby warned <br />that fraudulent use of the system, including but not limited to <br />DISA, Automated Attendant, Voice Mail, RMATS, 800 and 900 service, <br />is possible. LESSEE hereby assumes all risk of such fraudulent or <br />unauthorized use or intrusion. LESSEE hereby disclaims any express <br />or implied warranty that its equipment is technically immune from <br />or prevents unlawful and/or unauthorized utilization that may <br />result in an invasion of one's right to privacy. LESSOR hereby <br />warns LESSEE that such is possible. <br /> <br />12. MUSIC ON HOLD <br />LESSEE shall have full responsibility for all negotiations and <br />licensing fees for performance rights relating to recorded or <br />broadcast music usage or its access by the telephone system. <br /> <br />-4- <br /> <br /> <br />