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3. IBM Responsibilities When you contract for an applicable Service. IBM agrees to deliver the Service in accordance with the terms and responsibilities identified in the Service description set oul in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM Machines, the Service description is set oul in our Agreement (referenced in the signature block above). 4. Your Responsibilities When you contract for an applicable Service, you agree: 1. to provide IBM with an inventory in which you identify all Eligible Products to be covered at each Specified Location and to notify IBM whenever you wish 10 move, add, or delete Eligible Products at an existing Specified Location or set up new Specified locations; 2. to return to IBM all defective CRUs (from covered Eligible Machines) within 30 days of your receipt of the replacement CRU. A "CRU" is a Machine part which is designated as a Customer Replaceable Unil (e.g. keyboards, memory, or hard disk drives). IBM provides CRUs to you for replacement by you; 3. that when the Service includes IBM providing you with access to electronic diagnostic tools, information databases, or other Service delivery facilities, you will limit the use of these to only those who are authorized to use them under your control and only in support of Eligible Products and Services identified in Schedules; 4. to provide IBM with information it requests which is related 10 its provision of the Services to you and 10 notify IBM of any changes; 5. to allow International Business Machines Corporation and its subsidiaries to store and use your business contacl information, including names, busIness phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used In conneclion with our business relationship, and may be provided to contractors acting on IBM's behalf, IBM Business Partners who promote market, and support certain IBM products and services, and assignees of International Business Machines Corporation and its subsidiaries for uses consistent with our business relalionship; 6. to pay any communications charges associated with accessing these Services unless IBM specifies otherwise in writing: and 7. to use the information obtained under Ihese Services only for the support of the information processing requirements ~ithin your Enterprise. 5. Automatic Inventory Increase for Machine and Software Maintenance Service If specified as a selected option in the Schedule, IBM will aulomatically increase the inventory count and associated maintenance Services at Specified Locations per the terms set oul below. OPTION #1 . MACHINE MAINTENANCE SERVICES IBM will automatically increase the inventory counl and associated Machine maintenance Services whenever; 1. an Ellgible rBM Machine is added to the inventory. If the Machine is under warranty when added. maintenance Services will commence al warranty exil. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the slart of the transaction contract period. IBM Machines specifically excluded from coverage at transaction contract periOd start will remain outside the scope of Ihis Section unless you request IBM add them during the transaction contract period. However, all Eligible IBM Machines added to your inventory during the transaction contract period will be included in the invenlory count and receive maintenance Services as set out in this Section. 2. an Eligible non-IBM Machine, of Ihe same type as other non-IBM Machines already covered at thai Specified location, is added 10 the inventory. If the Machine is under warranty when added. maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the dale of installation or b) the previous yearly anniversary of Ihe start of the transaction contract period. The maintenance Services thai apply for these Machines will be the same as thai which you are receiving for all other Eligible Machines of the same type at the Specified Location. Newly installed IBM Machines of the same type for which you have already selected Warranty Service Upgrade will be added at date of aclual installation and will be covered al the same Warranty Service Upgrade support level. If at any time either ot us requests a review of the inventory count. each of us will provide reasonable cooperation to the other in updating the last formal inventory. OPTION #2. SOFTWARE MAINTENANCE SERVICES FOR A/X OPERATING SYSTEMS, 05/400, ;5/05, AND SELECTED PRODUCTS IBM will automatically increase the inventory count and associated software maintenance Services whenever an Eligible Program licensed for use on an Eligible IBM Machine is added to the inventory. If the Program is covered under the Agreement for Acquisition of Software Maintenance when added to the inventory, lhen software maintenance Services via Service Elite will commence at the expiration date of that support period. If the Program is not covered under the Agreement for Acquisition of Software Maintenance when added to the inventory, then software maintenance Services via ServiceElite will commence immediately and After License Fees may apply. The software maintenance Services that apply for these Programs will be the same as that which you are receiving for all other copies of the Program licensed for use on Eligible IBM Machines af the same type at the Specified Location. If at any time eilher of us requests a review of the inventory counl, each of us will provide reasonable cooperation to the other in updating the last formal inventory. Z12S,7227,02 4/2006 (MK076) conlract AS27BT (prepared 07/21/0610:31 AVJMART) Page20f5 S." . D \, ! IJ