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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 or <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,labor 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: A60-3014 New <br /> Printed:7/11/2011 Page 3 of 9 <br />