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5 <br />(a) Organizing Group shall dedicate the Equipment primarily for use by IBM <br />and Bell South Seniors and the older adults enrolled as SeniorNet <br />Members. <br />(b) In conjunction with the installation and use of the Equipment, (1) <br />Organizing Group will inspect the Equipment before use and determine <br />that it is in good and safe working condition; (2) that Organizing Group <br />will regularly inspect and maintain such Equipment and shall arrange for <br />maintenance services as specified in the Equipment owner's manual and as <br />may become necessary from time to time; (3) that it will use such <br />Equipment only in compliance with any manufacturer's instructions; and <br />(4) that it will immediately cease using such Equipment at any point that is <br />unsafe or not in good working condition and will immediately notify <br />SeniorNet and mutually agree upon disposition and/or replacement of the <br />Equipment. <br />(c) Organizing Group shall maintain and provide SeniorNet with satisfactory <br />evidence of property insurance covering the Equipment, and in the event <br />of a covered loss or casualty, shall promptly notify SeniorNet of such <br />occurrence and agree to apply the insurance proceeds in a manner to be <br />mutually agreed upon by SeniorNet and the Organizing Group. <br />(d) Organizing Group releases and holds SeniorNet harmless from any and <br />all claims which may arise from the use of the Equipment while in the <br />possession of under the control of Organizing Group. <br />(e) Organizing Group may not loan, give away, or sell the equipment <br />purchased according to the terms of this Agreement or participate in a <br />filing of security interests in the Equipment purchased hereunder. <br />(f) If the Organizing Group is unable to maintain a SeniorNet Learning <br />Center in the designated geographical area for a continuous five (5) -year <br />period, then SeniorNet will decide upon disposition of the Equipment <br />installed on the premises of the then existing SeniorNet Learning Center <br />no later than forty-five (45) days prior to stopping operation of the <br />Learning Center. <br />(a) Organizing Group will make the best effort to ensure that 49% of the <br />older adults receiving services hereunder are IBM and Bell South Seniors, <br />and in seeking volunteers to serve as Coordinators, instructors and <br />SeniorNet Council members, Organizing Group will make the best efforts <br />to concentrate its recruitment efforts in the IBM and Bell South <br />community of Seniors. <br />Letter of Agreement 11/20/97/11/20/97 /11/20/97 <br />