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WARRANTY <br />Physio-Control warrants Services performed under this Technical Service Support Agreement and replacement parts provided in <br />performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed c <br />a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be <br />defective, without any additional Customer charge, provided Customer notifies Physio-Control of any allegedly defective condition <br />within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied, including, <br />without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT <br />SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. <br />TERMINATION <br />Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other, <br />except that Physio-Control may terminate this Technical Service Support Agreement immediately upon Customer's failure to make <br />timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall <br />be obligated to reimburse Physio-Control for that portion of the designated price which corresponds to that portion of the Term and the <br />scope of Services provided prior to the effective date of termination. <br />DELAYS <br />Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting <br />from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, Tabor shortages, the <br />requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit, and <br />Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control's <br />obligations and the performance dates shall be extended for the length of such delay. <br />MISCELLANEOUS <br />a) Customer agrees to not employ or offer employment to anyone performing Services on Physio-Control's behalf during the Term of <br />this Technical Service Support Agreement or for one (1) year following its expiration without Physio-Control's prior written consent. <br />b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part <br />without the prior written consent of the other party. <br />c) The rights and obligations of Physio-Control and Customer under this Technical Service Support Agreement shall be governed by <br />the laws of the State in which the service is provided. All costs and expenses incurred by the prevailing party related to the <br />enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by the other party. <br />.............................................................................................................................................................................. <br />....................................................................................END.................................................................................... <br />Reference Number: 572-2967 Addendum <br />Printed: 3/14/2011 Page 3 of 11 <br />