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<br />3.4 Exclusions for Support Service <br /> <br />"'" <br /> <br />The following services are outside the scope of the Maintenance Services provided <br />hereunder and may result in additional charges, on a time and material basis: <br /> <br />(a) Repair of damage or the increase in service time due to any cause external to the <br />System which adversely affects its operability or serviceability, including but not <br />be limited to, fire, flood, water, wind, lightning, and transportation of the System <br />from one location to another. <br /> <br />(b) Repair of damage or the increase in service time caused by failure to continually <br />provide a suitable installation environment, including, but not limited to, the <br />failure to provide adequate electrical power, air conditioning or humidity control, <br />or the Customer's improper use, management or supervision of the System <br />including, without limitation, the use of supplies and accessories. Proper use and <br />environmental requirements are determined by the product documentation. <br /> <br />(c) Repair of problems caused by the use of the System for purposes other than for <br />which it is designed. <br /> <br />(d) Repair of problems caused by changes to the hardware and/or the network made <br />without obtaining Positron's prior approval. <br /> <br />"'" <br /> <br />(e) <br /> <br />Repair or replacement of any item of the System which has been repaired by <br />others, abused or improperly handled, improperly stored, altered or used with <br />third party material, software or equipment, which material, software or <br />equipment may be defective, of poor quality or incompatible with the System, and <br />Positron shall not be obligated to repair or replace any component of the System <br />which has not been installed by Positron or a Positron authorized technician. <br /> <br />4.0 PA YMENT <br /> <br />In consideration for the Maintenance Services the Customer shall annually pay to <br />Positron the amount set out in Exhibit B (the "Maintenance Fees") commencing on the <br />second anniversary of system cutover. The Maintenance Fees are in US dollars and are <br />exclusive of any sales, goods and services, excise, value added or similar taxes of any <br />kind, whether of federal or any other jurisdictional level. The Customer agrees to pay <br />and hold Positron harmless from any liability for any such taxes. <br /> <br />'- <br /> <br />