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<br /> or that the Machines' operation pursuant to a current release and Copyrights," or to claims for personal injury or damage to �e�l !
<br /> modification level of any programming supplied by IBM infringes a U.S. property or tangible personal property caused by IBM's negligence. '
<br /> patent, and IBM will pay resulting costs, damages and attorney's fees In no event will IBM be liable for any damages caused by the i
<br /> finally awarded,provided that: Customer's failure to perform the Customer's responsibilities, or for
<br /> a)the Customer p�tly notifies IBM in writing of the claim;and any lost profits��s ��yqu�d�s,regardless !
<br /> b)IBM has sole control of the defense and all related settlement of the form o acti� t er;� c�qt�aFt� yor�y�, t�rt including
<br /> negotiations. negligence, even if I eeYf dd[�$�ii'�4 d� ility of such ,
<br /> IBM's o�l(ga��der this Section is conditioned on the damages, or for any claim against the Customer by any other party,
<br /> Customer's agreement that if the Machines, or the operation thereof, except as provided in the Sectio�����P�t opyrights,,, !
<br /> o�_pro ra in ,cb�ecom�es qr in IBM's opinion is likely to become,the or for any damages caused�per o ma e o n g-pe}�formance of �
<br /> '��^��'��°�9�{�c Qustomer will permit IBM,at its option and Machines or programmi� d'���e�� t�tes or Puerto
<br /> expense,either to procure the right for the Customer to continue using Rico,nor will IBM be liable f�j�f fiy�cQ�dispensed by '
<br /> the Machines or programming or to replace or modify the same so that or associated with,any Machine under this Agreement.
<br /> they become non-infringing;and if neither of the foregoing alternatives ',
<br /> is available on terms which are reasonable in IBM's judgment, the GENERAL
<br /> Customer will return the Machines or programming on written request This Agreement is not assignable without the prior written consent
<br /> by IBM. IBM agrees to grant the Customer a credit for returned of IBM.Any attempt to assign any of the rights,duties or obli�ations of
<br /> Machines as depreciated. The depreciation shall be an equal amount this Agreement without such consent is void.
<br /> per rear over the life of the Machines as established by IBM. IBM may, upon written notice, modify the terms and conditions of
<br /> IBM has no liability for any claim based upon the combination, this Agreement.Any such modification will apply on the effective date
<br /> operation or use of any Machines or programming supplied hereunder specified in the notice to all Supplements which are signed by the
<br /> with equipment or data not supplied by IBM,or based upon alteration of Customer and IBM on or after the date of notice. Otherwise, this
<br /> the Machines or modification of any programming supplied hereunder. Agreement ca�only be modified by a written agreement dul}'signed by
<br /> IBM has no liability for any claim based upon the combination, persons authorized to sign agreements on behalf of the Customer and
<br /> operation or use of any Machines or programming supplied hereunder of IBM, and variance from or addition to the terms and conditions of
<br /> �' with any program other than or in addition to programming supplied this Agreement in any order or other written notification f.um the
<br /> by IBM if such claim would have been avoided by use of another Customer will be of no effect.
<br /> program whether or not capable of achieving the same results. If any provision or provisions of this Agreement shall be held to be
<br /> The foregoing states the entire obligation of iBM with respect to invalid, illegal or unenforceable, the validity, legality and enforce-
<br /> infringement of patents and copyrights. ability of the remaining provisions shall not in any way be affected or
<br /> LIMITATION OF REMEDIES impaired thereby.
<br /> IBM is not responsible for failure to fulfill its obligations under this
<br /> IBM's entire liability and the Customer's exclusive remedy shall be Agreement due to causes beyond its control or to provide anv services
<br /> as follows: hereunder for Machines or programming located outside the United
<br /> In all situations involving performance or non-performance of States or Puerto Rico.
<br /> Machines or programming furnished under this Agreement, the No action,regardless of form,arising out of this Agreement may be
<br /> Customer's remedy is 1) the adjustment or repair of the Machine or brought by either party more than two vears after the cause of action
<br /> replacement of its parts by IBM,or,at IBM's option,replacement of tl�e has arisen,or,in the case of an action for non-payment,more than two
<br /> Machine,or correction of programming errors,or 2)if, after repeated years from the date the last payment was due.
<br /> efforts, IBM is unable to install the Machine or a replacement Machine This Agreement is governed by the laws of the State o Q�$
<br /> i❑ good working order, or to restore it to good working order, or to T H E C U S T O M E R A C K N O W L E D G F.S H F.
<br /> make programming operate, all as warranted, the Customer shall be CUSTOMER HAS READ THIS AGREEMF,NT, iJNDER-
<br /> entitled to recover actual damages to the limits set forth in this Section. STANDS IT, AND AGREES TO BE BOUND BY IT5 TERMS
<br /> For any other claim concerning performance or non-performance bv AND CONDITIONS.FURTHER,THE CUSTOMER A('iREF.S
<br /> �sM pursuant to, or in any other way related to the subject matter of, THAT Tffi5 AGREEMENT, T(�ETHER WITH ANY�
<br /> this Agreement or any order under this Agreement,the Customer shall OTHER APPLICABLE IBM AGREEMENTS, CERTIFICA-
<br /> be entitled to recover actual damages to the limits set forth in this TIONS, AMENDMENTS AND SUPPLEMENTS AND ANI'
<br /> Section. EXHIBITS OR ATTACHMENTS THERETO, REFEREN-
<br /> IBM's liability for damages to the Customer for any cause CING THIS AGREEMENT OR EXPRESSLY MADE A PART
<br /> whatsoever,and regardless of the form of action,whether in contract or HEREOF THAT ARE DULY SIGNED BY THE PARTIES
<br /> in tort including negligence,shall be limited to the greater of$100,000 WILL BE THE COMPLETE AND EXCLUSIVE 5TATEMENT
<br /> or the purchase price stated in the applicable S�pplement for the OF THE AGREEMENT BETWEEN THF.PARTIE5,SUPER-
<br /> specific Machines that caused the damages or that are the subject SEDING ALL PROPOSALS OR PRIOR AGREEMENTS,
<br /> matter of,or are directly related to,the cause of action.The foregoing ORAL OR WRITTEN, AND ALL OTHER C01111VILiNTCA-
<br /> limitation of liability will not apply to the payment of costs, damages TIONS BETWEEN THE PARTIF.S RF.LATING TO THE
<br /> and attorney's fees referred to in the Section entitled "Patents and SURJECT MATTF.R OF THIS AGREF.MENT.
<br /> Received by IBM at _����,���' _
<br /> -------
<br /> Branch Office Namr�Number
<br /> By
<br /> Manager's Si�na[ure
<br /> Manager's Name(Type or Print) Date
<br /> Accepted by:
<br /> International Business Machines Corporation _�.�C����___________________________
<br /> CuG[nmei
<br /> By ------------------------------------------- By ----------------- � ' �
<br /> --------------�----------
<br /> Authorized SiRnaturr Authorizrd Signature
<br /> Carol �i. Brandt
<br /> - --------------------
<br /> Name(Type or Prin�) Name(Type or Print)
<br /> -----------------------------------
<br /> -------Ma�roZ Fro�-Te�t -----��„-���$o�e
<br /> Title Date Title .
<br /> PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY.
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