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� �_ .JAN 17 '97 01�40PM 770 39z 9199 P.3i4 <br /> �' _ <br /> 6. Delivery Charges,Taxes,etc. <br /> The Customer is responsible for and will pay all transportation,delivery,insurance and other I�� <br /> char�es associated with the Products after delivery of the Products to the Delivery Point,and any I <br /> duties,clearance charges,and federal,state,sales,or value-added taxes which may be applicable <br /> to the supply of the subject matter of this Agreement. The Customer will,upon receipt of an <br /> invoice therefore,reimburse DAr.anADto for all such costs,charges,duties,and taxes which <br /> DaT,a�twDIo may elect or be required to collect or pay upon the sale or delivery of Products or <br /> S�vices. ' <br /> 7, Riek of Loss <br /> Risk of loss or damage to the Products will pass to the Customer upon delivery of the Products to <br /> the Delivery Point. Confiscation,destruction, theft or other loss of,or any damage to,the <br /> Products will not diminish ar release the liability o#the Customer to pay for such Products except <br /> where due to the ne li ence,intentional act or omission Eo act of DATA��to. <br /> g8 - <br /> 8, Insurance <br /> The Customez represents that it is self-insured and will provide D.ar�ruDto a statement <br /> describing its self-insurance pro�ram signed by an authorized Customer representative. If the <br /> self-insurance progzam is not adequate to protect D 4TAt.wDtO's interests,the Customer shall <br /> provide and maintain insurance on the Ptoducts in an amount not less t11an their insurable value <br /> minus the amount of the Customer's self-insurance,with loss payable to DATAIt�Dio and the <br /> Customer as their internsts may appear,from the date that risk of loss passes to the Customer, <br /> until such time as the Contract Price has been paid in full and titIe passes to the Customer. <br /> 9, Delivery of Products and Documentation <br /> � 9.1 DAT�rtAD[o will deliver the Pzoducts and Documentation to the Delivery Point no later <br /> than the dates a�reed upon by the parties for the delivery of these iEems and will pay all <br /> costs of transportation and insurance cannected with such delivery while the Products <br /> and Documentatian are in transit to the Delivery Point. <br /> 9.2 The Customer shall inspect all Products and Documentation upon receipt of them and <br /> shall notify DA7ARADto immediately when there is evidence of shipping loss or visible <br /> physical damage. DnTnItaDlo shall file all claims with the carrier when there is evidence <br /> of such loss or damage. <br /> 10. Title Eo and Security Tnterest in the System <br /> 10.1 Until the Contract Pzice is paid in full,DATAR.�.DIO shall retain a security interest in the <br /> System,and the System shall remain personal property regardless of the manner of its <br /> attachment to any other property. The Customer shall perform all acts and execute and <br /> deliver all documents that DnTAitADiO may reasonably request to perfect and retain suc.4 <br /> security interest. <br /> 10.2 Until the Contract Price is paid in full,the Customer will neither create,nor permit to <br /> exist,any encumbrances or security interests upon the System,other than the security <br /> interest created in Subsection 10.1,and will pramptly pay the full amount of,and <br /> dischar�e,all encumbrances and security interests which arise in respect to the System. <br /> Xl. Contzact Price and Payment Terms <br /> . 11.1 Ihe Contract Price is exclusive of any duties,clearance charges,and federal,state,sales, <br /> or value-added taxes which may be applicable to the supply of the subject matter of this <br /> Agreement and is F.O.B. the Delivery Point. <br /> C!�o�Ci�w\melyndu�upcemen�dccuenr 4 <br />