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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 /> 4. IBM and Bell Sough Priority and Involvement. <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 />