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HEWLETT CUSTOMER SUPPORT SERVICES
<br />PACKARD AGREEMENT
<br />
<br />AGREEMENT BETWEEN CTTY QF Pl FASANT~/N
<br />AND HEWLETT-PACKARD COMPANY
<br />
<br />AGREEMENT NO. 0038902425css~
<br />EFFECTIVE DATE 2 Z FLz~y 84
<br />
<br />1. GENERAL INTENT
<br /> Hewlett-Packard Company ("HP") will provide support services
<br />described herein to the extent these services are ordered by the
<br />Customer. Detailed descriptions of the support services offered are
<br />contained in the Exhibits which are attached or subsequently added.
<br />The Customer may authorize support services as a part of the initial
<br />Agreement or by subsequent orders. The Agreement will continue in
<br />effect until terminated by either party.
<br />
<br />2. ELIGIBLE PRODUCTS
<br /> a. The Customer represents that it is the owner of the products
<br /> which are to be supported under this Agreement, or has
<br /> authority from the owner to include such products under
<br /> this Agreement.
<br />
<br /> b. Only HP products which are in normal operating condition, and
<br /> as applicable those products which are currently at HP's specified
<br /> revision levels, are eligible for coverage under this Agreement. If,
<br /> in HP's opinion, maintenance of any product is required to
<br /> return it to normal operating condition or to bring any appli-
<br /> cable product to the specified revision level, HP wilt offer to
<br /> perform such work at standard service rates prior to placing
<br /> the product on this Agreement.
<br />
<br />3. ORDERS
<br />
<br /> a. The Custon~er may initially order support services to com-
<br /> mence upon the Effective Date of the Agreement and thereafter
<br /> may at any time issue orders for additional services, delete
<br /> services previously ordered, ~r add or delete products to be
<br /> supported. All orders are subject to acceptance by HP. The
<br /> support servic~:s charges sha(I be adjusted appropriately in
<br /> accordance wi'/h paragraph 10.
<br />
<br /> b- Orders must reference this Agreement and applicable Exhibits,
<br /> list services being1 ordered and products supported, and show the
<br /> desired Commencement Date for services, invoicing instructions,
<br /> and purchase order number or similar identifier. Orders should
<br /> be sent to the office designated by HP. Throughout this
<br /> Agreement, "orders" shall be understood to mean purchase
<br /> orders, change orders, letters and signed Exhibits which
<br /> authorize services, and any other written authorizations.
<br />
<br />4. CONDITIONS OF SERVICE
<br /> HP shall be under no obligation to furnish support services under
<br />this Agreement should repair be required because of (1) improper use;
<br />(2) natural disasters such as flood or earthquake; (3) strikes, riots, or
<br />acts of war or nuclear disaster; (4) repairs, maintenance, modifications,
<br />or relocation and reinstallation made by other than HP personnel or
<br />without HP's supervision and approval; (5) unusual shock or electrical
<br />damage, accident, fire or water damage, neglect, air conditioning failure,
<br />humidity control failure, a corrosive atmosphere harmful to electronic
<br />circuitry, damage during transportation by the Customer, or causes
<br />other than ordinary use; and (6) failure by Customer to maintain the
<br />site specifications recommended by HP. If support services are required
<br />as a result of the causes stated above, such service shall be provided at
<br />HP's standard service rates for labor, travel, and material in effect at
<br />the time of service.
<br />
<br />5. MODIFICATIONS TO PRODUCTS
<br /> HP may, at its option, with no additional charge to the Customer,
<br />make modifications to improve the operation and/or reliability of the
<br />products being serviced under this Agreement.
<br />
<br />6. RELOCATION OF PRODUCTS
<br /> a. The Customer shall give HP thirty (30) days written notice prior
<br /> to any relocation of products covered by on-site support services
<br /> being provided under this Agreement.
<br />
<br /> b. Products moved to a location within the contiguous United
<br /> States shall continue to be serviced under this Agreement. The
<br /> response time and charges will be adjusted to reflect the new
<br /> location.
<br />
<br /> c. Products moved outside the contiguous United States may con-
<br /> tinue to be serviced under this Agreement, at the option of HP.
<br />
<br />9320-4077 (Rev. 3/80)
<br />
<br /> The services to be provided and charges for such services shall
<br /> be subject to mutual agreement.
<br />
<br />d. For installed products which will continue to be serviced, HP, at
<br /> its option, shall supervise the dismantling and packing of the
<br /> products and shall inspect and reinstall the products at the new
<br /> location. These services, if provided, shall be at additional charge
<br /> based on HP's standard service rates in effect at fie time. The
<br /> Customer shall furnish all labor and materials for the dismantling,
<br /> packing, and placement of the products in the new location.
<br />
<br />e. The Customer shall be responsible for any loss or damage to
<br /> the products during relocation.
<br />
<br />7. EXCLUSIONS
<br /> HP's support services do not include (1) operating supplies and
<br />consumablas, (2) refinishing the products or furnishing materi~ls.for
<br />that purpose, (3) electrical work external to the produc~s, (4) main-
<br />tenance of accessories, attachments or products not specified herein
<br />or on subsequent orders, or (5) any other services not spm:ifically
<br />described herein.
<br /> .-
<br />
<br />8. TERM
<br />
<br /> a. This Agreement shall commence on the specified Effective Date
<br /> and end upon termination by either party.
<br />
<br /> b. The Customer may terminate this Agreement at any time upon
<br /> thirty (30) days written notice to HP and HP may terminate at
<br /> any time after the first twelve (12) months upon sixty (60)
<br /> days written notice to the Customer.
<br />
<br /> c. HP agrees to offer support services for products covered here-
<br /> under for a minimum of five (5) years from the date of com-
<br /> pletion of last regular production of a product with the same
<br /> model number.
<br />
<br /> d. The minimum term of any order shall be three (3)full months
<br /> unless otherwise specified on the applicable Exhibit. If the
<br /> Customer orders less than twelve (12) months of any service,
<br /> the administration charge specified in paragraph 10.b. shall
<br /> apply to that service unless otherwise specified on the appli-
<br /> cable Exhibit.
<br />
<br /> e. The Customer may terminate any order issued pursuant to this
<br /> Agreement at any time upon thirty (30) days written notice
<br /> to HP. During the first twelve (12) months of this Agreement,
<br /> HP may terminate its provision of services under any order
<br /> only for causes specified heroin and with sixty {60) days written
<br /> notice to the Customer, After tvvleve (12) months, only sixty (60)
<br /> days written notice by HP is required.
<br />
<br /> 9. WARRANTY FOR SUPPORT SERVICES
<br />
<br /> a. For hardware products serviced hereunder, warranty shall be
<br /> ]imited to the correction of any defective services by restoring
<br /> the products to good operating condition. Warranty provided
<br /> hereunder for software and documentation services shall be
<br /> limited to providing the software support end documentation
<br /> services selected by the Customer.
<br />
<br /> b. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. HP
<br /> SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES
<br /> OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
<br /> LAR PURPOSE.
<br />
<br /> c. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S
<br /> SOLE AND EXCLUSIVE REMEDIES. HP SHALL NOT BE
<br /> LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCI-
<br /> DENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER
<br /> BASED ON CONTRACT, TORT OR ANY OTHER LEGAL
<br /> THEORY.
<br />
<br />10. CHARGES
<br />
<br /> a. The charges specified are those currently in effect. These charges
<br /> may be changed provided that HP has notified the Customer in
<br /> writing of any increase at least sixty (60) days prior to invoicing
<br /> at the increased rate.
<br />
<br />
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