Reso 2005-761 - Laserfiche WebLink

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. . . . . . . t ~ ~ ~ ~ ~ ~ ~ ~ . II ~ , ,. ~ , ... , ;' , ,. , ,. , ... , '" , '" , ... , ... , "" , " ~ ~ ~ ~ t ~ ~ ~ . t t .. 14 RISK OF LOSS - Upon Customer's acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of all amounts due hereunder. 15 PROPERTY DAMAGE INSURANCE - If Customer selects Direct Protect insurance protection, Company will remit the monthly charge for the insurance which appears on Customer's bill to The Signal Telecommunications Insurance Services ("Signal") on Customer's behalf. Customer acknowledges that insurance protection is offered by the Signal, not Company, and that any requests for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges having received a summary of coverage, including deductible information, which is also available by calling (888) 352- 9182. 16 TAXES, FEES, SURCHARGES & ASSESSMENTS - Customer must pay all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, "Charges") that are imposed on transactions subject to this Agreement. Customer will be responsible for such charges regardless of whether the Charge is: (a) imposed upon the sale of telecommunications services, 'k other services, equipment, and/or other products; (b) measured by gross receipts from sales made by Company to Customer; (c) imposed upon the Customer or upon the Company; (d) imposed as a per-line or per-unit Charge. Such Charges include, but are not limited to: excise taxes; sales and transaction taxes; gross receipts taxes, utility taxes; universal service assessments; telephone relay service (TRS) assessments; and other regulatory fees and assessments. Customer shall not be responsible for taxes imposed on Company's net income. If Customer claims an exemption from any such Charge, Customer must provide Company with valid and properly-executed documentation of such exemption before such exemption shall become effective. Customer must provide Company with the Customer's Primary Place of Use of Company's Service, as defined by Customer's residential street address or primary business address, 17 COVERAGE AREA - Local dispatch (Direct Connect), cellular calling, Nextel Online Services and respective coverage areas for these Services are subject to change at any time at the sole discretion of Company. 18 LIMITATION AND CONDITION OF LIABILITY - Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the Equipment within a specified time period; (ii) unavailability or delays in delivery of the Equipment; (Iii) damage caused to the Equipment due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, unusually severe weather conditions or default of Company's subcontractors due to any such causes; or (iv) the use of Nextel Online Services, including but not limited to the accuracy or utility of any information acquired from the Internet through Nextel Online Services; or Internet Services, Content or Applications whether or not supported by Company, WITHOUT LIMITING THE FOREGOING, THE COMPANY'S SOLE LIABILITY FOR SERVICE DISRUPTION, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE NOT EXCEEDING AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE TO THE CUSTOMER FOR THE PERIOD OF SERVICE DISRUPTION, EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES ARISING FROM OR RELATING TO SERVICE DISRUPTION, ~ 19 COMPLETE AGREEMENT / SEVERABILITY / WAIVER - Except as otherwise specified in this Agreement, this Agreement sets forth all of the agreements between the Parties concerning the Service and the Purchase of Equipment, and there are no oral or written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall be binding upon either Party unless it is in writing and signed by both Parties, Should any provision of this Agreement be illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby, The failure by either Party, at any time to require the performance by other of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time, No waiver by either Party of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof.