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<br />3.5 Renewal <br /> <br />Renewable Services renew automatically for a same length <br />contract period unless either of us provides written <br />notification (at least one month prior to the end of the current <br />contract period) to the other and to your IBM Business <br />Partner of their intent not to renew. <br /> <br />3.6 Tenninatlon and Withdrawal <br /> <br />Either of us may tenninate a Service if the other does not <br />meet its obligations concerning the Service. <br /> <br />You may tenninate a Service transaction on one month's <br />written notice to us and to your IBM Business Partner.. <br /> <br />We may withdraw a renewable or non-expiring Service or <br />support for an eligible product on three months' written <br />notice to you. If we withdraw a Service for which you have <br />prepaid and we have not yet fully provided it to you, your <br />IBM Business Partner will give you a prorated refund. <br /> <br />Any tenns which by their nature extend beyond termination <br />or withdrawal remain in effect until fulfilled and appty to <br />respective successors and assignees. <br /> <br />3.7 Service for Machines <br /> <br />We provide certain types of repair and exchange Service <br />either at your location or at a service center to keep <br />Machines in, or restore them to, conformance with their <br />official published specifications. We may repair the failing <br />Machine or exchange it at our discretion. <br /> <br />When the type of Service requires that you deliver the faiting <br />Machine to us, you agree to ship it suitably packaged <br />(prepaid unless we specify otherwise) to a location we <br />designate. After we have repaired or exchanged the <br />Machine, we will retum it to you at our expense unless we <br />specify othelWise. We are responsible lor loss of, or damage <br />to, your Machine while it is 1) in our possession or 2) in <br />transit in those cases where we are responsible for the <br />transportation charges. <br /> <br />You agree to: <br /> <br />1. obtain authorization from the owner to have us service <br />a Machine that you do not own; and <br />2. where applicable, before we provide service - <br />a. follow the problem detennination, problem <br />analysis, and service request procedures that we <br />provide, <br />b. secure all programs, data, and funds contained in <br />a Machine, and <br /> <br />c. inform your IBM Business Partner of changes in a <br />Machine's location. <br /> <br />When Service involves the exchange of a Machine or part, <br />the item we replace becomes our property and the <br />replacement becomes yours. You represent that all removed <br />items are genuine and unaltered. The replacement may not <br />be new, but will be in good working order and at least <br />functionally equivalent to the item replaced. The replacement <br />assumes the warranty or Service status of the replaced item. <br />Before we exchange a Machine or part, you agree to remove <br />all features, parts, options, aUerations, and attachments not <br />under our service. You also agree to ensure that the item is <br />free of any legal obligations or restrictions that prevent its <br />Exchange. <br /> <br />Any feature, conversion, or upgrade we service must be <br />installed on a Machine which is 1) for certain Machines, the <br />designated, serial-numbered Machine and 2) at an <br />engineering-change level compatible with the feature, <br />conversion, or upgrade. <br /> <br />Repair and exchange Services do not cover: <br /> <br />1. accessories, supply items, and certain parts, such as <br />batteries, frames, and covers; <br />2. machines damaged by misuse, accident, modification, <br />unsuitable physical or operating environment, or <br />improper maintenance by you; <br />3. machines with removed or aUered Machine or parts <br />identification labels; <br />4. failures caused by a product for which we are not <br />responsible; or <br />5. service of Machine aherations. <br /> <br />We manage and install engineering changes that apply to <br />IBM Machines and may also perform preventive <br />maintenance. <br /> <br />We provide maintenance Services for selected non-IBM <br />Machines. <br /> <br />When you request maintenance Services under this <br />Agreement, your IBM Business Partner will infonn you of the <br />date on which maintenance Services will begin. We may <br />inspect the Machine within one month following that date. If <br />the Machine is not in an acceptable condition for service, <br />you may have us restore it." Alternatively, you may withdraw <br />your request for maintenance Services." <br /> <br />.Check with your IBM Business Partner to detennine jf you will incur an additional charge for this. <br /> <br />Z125-5774-00 02/98 (MKOO2) <br /> <br />12/0512002 <br /> <br />Page 4 <br />