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<br /> ,Interr�ational Business Machines Corporation Armonk, New York 10504
<br /> � , � � � ? � �:� Agreement for Purchase of IBM Machines
<br /> Branch(�fice Address: Agreement No.: Ci5P�264
<br /> 2401 West Jefferson Street BranchOfficeNo.: GSP
<br /> Springfield, IL 62702
<br /> Name and Address of Customer: Customer No.: 23990—I Z
<br /> City of Decatur
<br /> 1 Civic Center Plaza (Covers entire enterprise)
<br /> Decatur, IL 62521
<br /> International Business Machines Corporation (IBM) and the Customer agree that the following terms and conditions will apply to any Customer
<br /> written order accepted by IBM for the purchase under this Agreement of IBM machines,features,model conversions,machine elements or accessories.
<br /> Under these terms and conditions, as described herein, IBM will 1)sell machines(including their features)ro the Customer,2)furnish, as available,
<br /> programming and programming services,3)sell features and model conversions to the Customer for installation or reinstallation on an IBM mac},ine
<br /> designated by type and serial number,4)sell machine elements and accessories to the Customer,and 5)provide warranty service,as applicable.
<br /> The term "Machines" will be used herein to rzfer to machines and/or their features,model conversions,machine elements and accessories unless
<br /> the context requires individual reference. Machines are those on-order to be installed,as described herein,or which are installed under an IBM lease
<br /> or rental agreement with the Customer.Features include additions and removals.Model conversions include upgrades and downgrades.
<br /> The CustomPr agrees to accept the Machines,programming, programmin�services and warranty service under the terms and conditions of this
<br /> Agreement.The Customer further agrees,with respect to the Machines and programming,to accPpt responsibility for 1)their selection to achieve the
<br /> Customer's intended results,2)their use,and 3)the results obtained therefrom.The Customer also has the responsibility for the selection and use of, '
<br /> and results obtained from,any other equipment,programs or services used with the Machines and programming.
<br /> Specific Machines become subject to this Agreement when a Supplement to Agreement for Purchase of IBM Machines(Supplement)is signed by
<br /> thc Customer and IB!v1. The Supplement mvst be signed by the Customer and received by BM on or before the Date of Installation for on-order
<br /> Ma�hines or the Effective Date of Purchase for installed Machines.
<br /> PRICESAND PAYMENT SHIPMENT
<br /> Prices for each Machine will be stated in the Supplement and do not IBM will schedule each on-order Machine in accordance with IBM's
<br /> include any applicable destination charges or taxes.Pa}'ment in full for applicable shipment sequence, confirm the Customer's schedule in
<br /> each on-order Machine shall be due on the Date of Installation and,for writing and amend it as necessarv. Prior to shipment, IBM will make
<br /> installed Machines, on the Effective Date of Purchase, unless an IBM reasonable accommodation to a delay requested by the Customer.
<br /> Inetallmen! Payment AgrPement has been signed by IB�1 and the By agreement between IBM and the Customer, changes in the con-
<br /> Customer. figuration of Machines may be made prior to the date of shipment.
<br /> TAX ES DESTINATION CHARGES
<br /> In addition to the prices stated in the Supplement, the Customer
<br /> agrees to pay amounts equal to any taxes resulting from this Destinatio❑ charges for each on-order Machine from a designated
<br /> Agreement,or any activities hPreunder,exclusive of taxes based on net IBM location, and anv rigging char�es,will be paid by the Customer in
<br /> income. The Customer shall bear any personal property taxes accordance with IBM's then current shipping and billing practices.
<br /> asse�sable on on-order Machines on or after delivery to the carrier or, The Customer will prepay charges for shipping Repair Center
<br /> for installed Machines,on or after the Effective DatP of Purchase. Service Machines to an IBM Repair Center. IBM will prepa}' return
<br /> shipping charges from the IBM Repair Center to locations within the
<br /> TITLE United States and Puerto Rico.
<br /> Provided the SupplemPnt is signed by ►BNt, title passes to the pRICEPROTECTIONPERIOD
<br /> Customer 1)fnr each on-order Ma�hine on the date of shiptnent from
<br /> IBM or the date of receipt of the Supplement by IBM,whichPver is later, Prices for on-order Machines shall be IBM's generally available prices
<br /> and 2)for each installed Machine,on the Effective Date of Pwchase. and shall be subject to all price increases, except that increa5es
<br /> effective dtving the three months immediately prior t�� the date of
<br /> SECURITYINTFREST Machine shipment shall not be applicable if the Customer's written
<br /> IBM reservec a pwchase monev security interest in each Machine. �rder was received by IBM prior to the announcement of the price
<br /> This imPrest will be satisfied by payment in full hereunder or�nder an �ncrease. In the event that a price increase is applicable to any such
<br /> IBM Installment Payment Agreement and, where applicable, by the Machine, the Customer may cancel the order for that Machine upon
<br /> return to IBM by the Customer of parts in respect to feature additions or �+'ritten notice to IBM within one month of notification of the price
<br /> model conversions that involve the removal of parts which become the �ncrease;otherwise,the higher price shall be effective.
<br /> property of IBM. A copy of this Agreement and/or the applicable If IBM's generally available price for any on•order Machine upon the
<br /> Supplement may be filed in order to perfect Isivt's security interest. Date of Installation shall be lower than the price for such Machine
<br /> stated in the applicable Supplement, the Customer shall have the
<br /> RISK OF I,OSS OR DAMAGE benefit of such lower price.The term "IBM's generally available price"
<br /> does not include prices for sales of Machines under terms and
<br /> During the period on-order Machines are in transit or in possession conditions other than those in this Agreement.
<br /> of the Customer,up to and including the Date of Installation,IB?vt and Prices for installed Machines stated in Ihe applicable Supplement
<br /> its insurers,if any,relieve the Customer of responsibility for all risks of are subject to change up to and including the Effective Date of
<br /> loss of or damage to the Machines except for loss or dama�e caused by purchase, subject to any limitations described in any other applicable
<br /> nuclear reaction, nuclear radiation or radioactive contamination for IBbt agreement.
<br /> which the Customer is legally liable. Thereafter, all risks of loss of or
<br /> damage to such Machines shall be on the Customer. pROGRAMMING
<br /> All risks of loss of or damage to installed Machines shall be on the
<br /> Customer after the Effective Date of Purchase. The term "programming" as used in this Agreement shall mean
<br /> In addition, the Customer is responsible for all risks of loss of or such programming as IBM may make generally a�-ailable, without
<br /> damage to Repair Center Service Machines during the period such separate charge, for Machines of the types ordered by the Customer
<br /> Machines are in transit to and from an IBM Repair Center or in under this Agreement. IBM will furnish such programmin� as may he
<br /> possession of►BM at an IBM Repair Centar,except for loss or damage requested bv the Customer. �
<br /> caused by IBM's negligence. The term "programming services" shall mean such services as IBM
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