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= DEAL <br />' Address P. O, Box 520; 123 Main Street <br />__ _OMPUTER <br /> ' ' ERVICES <br /> ~ Contact Jo~ Bjum~ <br /> Exhibit(s) 358 ~ 304 ~ 937 <br /> <br /> 113 Rickenbacker Circle, Livermore, CA 94550 415-447-4747 <br /> <br /> SUPPORT AGREEMENT <br /> <br /> IDEAL COMPUTER SERVICES "ICS" will provide support ICS is responsible for all parts, labor (within the SPC), and <br /> services as described heroin to the extent these services are test equipment to maintain the equipment in a normal <br /> ordered by the customer. operating condition. <br /> <br /> A. DEFINITIONS: D. EXCLUSIONS: <br /> As used in this agreement, the following terms shall be as The following are not covered by the MSC: <br /> defined in this section. <br /> 1. Electrical work external to the equipment. <br /> 1. ICS is IDEAL COMPUTER SERVICES <br /> 2. Customer ,~ity of Pleasanton 2. Damage due to accident, abuse, failure of building <br /> systems, or caused by other than normal use. <br /> 3. Consumable supplies (ribbons, paper, media, etc.) <br /> 3. MSC is Monthly Service Charge 4. Programming or software support. <br /> 4. SPC is Standard Period Coverage; 8 AM - 5 PM, M-F <br /> 5. Unauthorized modifications by customer or others. <br /> 5. Equipment is Hardware items listed on attached <br /> 6. Installation, or de-installation or relocation. <br /> equipment exhibit 7. Acts of God, war, strikes, other action outside of the <br /> B. TERM: control of ICS. <br /> This agreement shall commence on the specified effective <br /> date and end upon termination by either party with 30 days E. GENERAL: <br /> written notice to the other. ICS at all times in its performance is an independent con- <br /> tractor. The customer shall exercise no control over the ac- <br /> Additionally, this agreement may be terminated by the occurr- tivities of ICS. <br /> ence of any of the following events: <br /> 1. Default by either party. All notices, requests and other communications required by <br /> the agreement shall be in writing and have proper delivery. <br /> 2. Cessation of business or bankruptcy. <br /> <br /> C. SERVICE: This agreement may be modified or atomended by mutual <br /> In consideration for MSC, the following services will be agreement of the parties. <br /> performed: The customer is responsible for ensuring all data files and <br /> software is adequately duplicated and documented. ICS will <br /> ICS will perform regularly scheduled preventative <br /> not be responsible for customers failure to do so, nor for costs <br /> maintenance in accordance with the manufacturers <br /> recommendations. of reconstructing such data, whatever the cause. <br /> <br /> ICS will respond within 4 hours to the customer site for Payment Shall I~uarterly in advance. <br /> <br /> remedial maintenance, provided this time is within the SPC. <br /> This agreement constitutes the entire understanding between <br /> Calls started during the SPC shall be covered under this <br /> the parties and shall prevail in the event of disagreement <br /> agreement. If the customer specifically requests service out- <br /> between the parties. <br /> side the SPC, it shall be charged at ICS current rate and in- <br /> voiced separately. (Over) <br /> <br /> <br />